Amit Kumar Pathak @ Chubha @ Amit Kumar Pathak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55078 of 2025 Arising Out of PS. Case No.-155 Year-2025 Thana- TEGHRHA District- Begusarai ====================================================== Amit Kumar Pathak @ Chubha @ Amit Kumar Pathak S/o Late Parmeshwar Pathak R/o Village- Ghaat kindi, Durga Asthan, Barauni 2, P.s- Teghra, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bipin Kumar, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-08-2025 Heard Mr. Bipin Kumar, learned counsel appearing on behalf of the petitioner and Mr. Yogendra Kumar, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Teghra P.S. Case No. 155 of 2025 registered for the offence(s) punishable under Sections 126(2),115(2),303(2),308(2),109 and 3(5) of the BNS.
3. As per the allegation made in the FIR, five named and 8-10 unknown persons have demanded an extortion of Rs.50,000/- and on non-payment, they assaulted the informant, causing injuries. They also snatched Rs.29,000/- and a gold chain of the informant.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.55078 of 2025(2) dt.27-08-2025 2/3 petitioner submitted that there is case and counter case between the parties and both the sides attacked each-other and in the self-defence, petitioner may have caused some injury on the person of the informant. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties, as well as, nature of allegation made in the FIR and also the fact that there is case and counter case between the parties and an altercation took place and both the sides entered into fierce fight and in the self-defence, petitioner may have caused some injury on the person of the informant, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 155 of 2025, subject to
Patna High Court CR. MISC. No.55078 of 2025(2) dt.27-08-2025 3/3 the conditions as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) Sanjay/- U T