Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69100 of 2022 Arising Out of PS. Case No.-281 Year-2022 Thana- BHAGWAN BAZAR District- Saran ====================================================== Amit Kumar S/O Late Gautam Prasad R/O Village- Gudari Rai Ka Chowk, P.S.- Bhagwan Bazar, Distt- Saran At Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Bhagwan Bazar P.S. Case No. 281 of 2022 registered under section 366A of the Indian Penal Code.

Prosecution case in short is that the daughter of the informant went missing from his house, on search they came to know that accused persons, namely Mintu and Dablu Kumar kidnapped her daughter. It is further alleged that when informant along with others went to the accused person, namely, Mintu Kumar house then the brother of the accused namely, Amit Kumar (petitioner) started assaulting and abusing them. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.69100 of 2022(2) dt.27-02-2023 2/2 falsely been implicated in this case due to ulterior motive. There is no specific overt act has been levelled against the petitioner in respect of abduction of the daughter of the informant and also there is general and omnibus allegation attributed against him. He has no concern with the alleged offence. A statement has been made in para-3 of this petition that he has got no criminal antecedent. He is languishing in judicial custody since 20.06.2022.

The application for bail is vehemently opposed by learned APP for the State and submitted that the victim has not yet recovered.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bhagwan Bazar P.S. Case No. 281 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM 1st Saran at Chhapra.

(Sunil Kumar Panwar, J) shubham/- U T