Amit Kumar Singh @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48409 of 2024 Arising Out of PS. Case No.-20 Year-2023 Thana- SHYAMPUR BHATHAN DistrictSheohar ====================================================== AMIT KUMAR SINGH @ AMIT KUMAR SON OF BRAJ KISHORE SINGH @ VRIJ KISHOR SINGH @ BRIJ KISHOR R/O- JOYTI NAGAR ROAD JAI MAHAVIR BASTI, BAZAR SAMITI, P.S.- MAHENDRU, DISTT.- PATNA, BIHAR-800006 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Sharan Sharma, Adv For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-10-2024 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in connection with Shyampur Bhathan P.S. Case No. 20 of 2023, lodged on 03.03.2023, for offences punishable under Sections 307 and 120B, 34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against two named accused persons including the present petitioner with an allegation that they had fired gun shot upon the informant by which he had sustained injury.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that petitioner has clean antecedent. He further submits that informant has not disclosed anything about the petitioner save and except that he had worked as liner. Counsel further

Patna High Court CR. MISC. No.48409 of 2024(4) dt.05-10-2024 2/2 submits that petitioner and informant are friends which is specifically been pleaded in the petition and enmity has arisen due to the cricket match. Counsel further submits that he is student so sympathetical consideration may be taken

5. Learned APP for the State, on the other hand, opposes the prayer for bail and submits that co-accused had categorically indicated that it is the petitioner who has fired upon the informant and his presence has been captured in C.C.T.V footage.

6. As such, considering the aforesaid facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the bail petition of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the Trial Court within four weeks from today and prays for regular bail, Trial Court shall consider the bail application of the petitioner on the same day on merit without being prejudiced by the present order.

(Dr. Anshuman, J) Sunnykr/- U