Amit Kumar @ Amit Yadav @ Amrit Kumar @ Nikhil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55060 of 2025 Arising Out of PS. Case No.-321 Year-2025 Thana- RAJIVNAGAR District- Patna ====================================================== Amit Kumar @ Amit Yadav @ Amrit Kumar @ Nikhil, aged about 20 years, (Male), S/O Vijay Rai, Resident of Mohalla- North Ashiyana Nagar, Police Station- Rajeev Nagar, District- Patna, State- Bihar ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Anish Kumar, Advocate For the Opposite Party :
Mr. Md. Shakir Ahmad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Rajeev Nagar P.S. Case No. 321 of 2025 dated 24.05.2025 registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 303(2), 118(1), 117(2) and 109(1) of the B.N.S., 2023.
3. As per the prosecution case, on 22.05.2025 the informant was called by the co-accused Rahul Kumar at 'Virkunwar Singh Chowk' at 5.30 P.M., where Rahul Kumar, Aashish Sinha, Amrit @ Nikhil (petitioner), Ajay Ansh, Rohit and 15-20 unknown persons were present. It is further alleged that the co-accused Rahul Kumar having knife in his hand started abusing and assaulting the informant and other co-
Patna High Court CR. MISC. No.55060 of 2025(2) dt.14-08-2025 2/3 accused persons also assaulted the informant. It is further alleged that the co-accused Ashish having rod in his hand and the other co-accused persons having hunter in their hand also assaulted the informant. The co-accused Rahul snatched gold chain and the co-accused Aashish took Rs. 5,000/- from the packet of the informant in course of scuffle. The accused persons brutally assaulted on both eyes and on the body of the informant, due to which, he fell down on the ground.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that there is no specific allegation against the petitioner rather the specific allegation has been levelled against the co-accused Rahul Kumar. There is general and omnibus allegation against the petitioner. It is further submitted that the alleged occurrence took place on 22.05.2025 whereas the F.I.R. has been lodged on 24.05.2025 and for the delay in lodging the F.I.R., no explanation has been given by the prosecution. The petitioner is a member of the mob. The petitioner has no concern with the alleged offence. There is no statutory compliance of Sections 103 and 105 of the B.N.S.S., 2023. The petitioner has one criminal antecedent in which he is on bail as stated in paragraph no. 3 of the bail petition. The
Patna High Court CR. MISC. No.55060 of 2025(2) dt.14-08-2025 3/3 petitioner is in custody in this case since 24.06.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patna in connection with Rajeev Nagar P.S. Case No. 321 of 2025.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T