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Patna High CourtCR. MISC./69415/2025bail granted

Amarjit Kumar @ Amarjit Singh v. The State Of Bihar

2025-10-08Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69415 of 2025 Arising Out of PS. Case No.-315 Year-2024 Thana- FATUA District- Patna ====================================================== 1.

Amarjit Kumar @ Amarjit Singh S/O Dharmvir Singh R/O VillageBarauna, Police Station- Fatuha, District- Patna 2.

Manti Devi W/O Late Nand Kishore Singh R/O Village- Barauna, Police Station- Fatuha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar S.K., Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application for grant of anticipatory bail arises out of Fatuha Police Station Case No. 315 of 2024, disclosing offences under Sections 341, 323, 324, 307, 354(A), 379, 504 and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. The prosecution case, as per the First Information Report is that, on 25.05.2024, at about 9 O'clock, while the informant along with other members, were sitting at her home, the petitioners along other accused persons arrived there, having weapons in their hand, started abusing the informant's husband and assaulting him. It has further been alleged that Randhir Kumar and Manish Kumar assaulted the informant's husband

Patna High Court CR. MISC. No.69415 of 2025(2) dt.08-10-2025 2/3 with butt of the pistols due to which he sustained injury and became unconscious. The allegation against the Petitioner No. 1 is that he caught hold the hand of the informant with bad intention. There is no specific allegation of assault against Petitioner No. 2.

4. Learned Counsel for the petitioners submits that both the parties are neighbours and the occurrence has taken place due to quarrel between the children of both sides. The specific allegation of assault is upon the co-accused Randhir Kumar and Manish Kumar who allegedly assaulted the informant's husband with the butt of pistols and rifles due to which he died during the course of treatment. There is no allegation that the Petitioner No. 1 assaulted the deceased or was holding any weapon in his hand and Petitioner No. 2 is a lady aged about 65 years and there is no specific overt act against her.

5. Regards being had to the submissions made by the parties and taking into consideration the nature of allegation and the fact that both the parties are neighbours, case and counter case is there and there is no specific allegation against the petitioners that they assaulted the informant's husband and petitioner no. 2 is a lady, I am inclined to grant the petitioners

Patna High Court CR. MISC. No.69415 of 2025(2) dt.08-10-2025 3/3 privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patna City (Patna), in connection with Fatuha Police Station Case No. 315 of 2024, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) Siwani/- U T