Amrendra Kumar Sah @ Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45434 of 2023 Arising Out of PS. Case No.-171 Year-2022 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Amrendra Kumar Sah @ Amresh Kumar Son Of Ram Lal Sahu @ Kaib Sah Village Mahuar, Ps- Ganshyampur, Dist- Darbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sameer Ranjan For the Opposite Party/s :

Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 382, 427 and 354/34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, petitioner along with other co-accused person riding on motorcycle assaulted the family members of the informant. It is further alleged that petitioner snatched golden chain of Rs.90,000/- from the neck of the informant, took mobile worth Rs.19,500/- and took cash of Rs.35,000/- and a lot of ornaments from the informants.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that from perusal of the injury report it is clear that no injuries was found on their body only

Patna High Court CR. MISC. No.45434 of 2023(2) dt.23-08-2023 2/2 generalised body ache were complained and all simple in nature. He submits that there is no recovery from the house or conscious possession of the petitioner. He further submits that both the parties belong to the neighbour village. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Per contra, learned APP for the State vehemently opposing the bail application and submitted that the allegation levelled as the petitioner is serious in nature. Hence, he does not deserve anticipatory bail.

6. Considering the nature of the offence, I am not inclined to enlarge the petitioner on bail in connection with Ghanshyampur P.S. Case No. 171/2022. Accordingly, his prayer for anticipatory bail is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order considering this fact that petitioner has got no criminal antecedent.

(Anjani Kumar Sharan, J) ajay/- U T