Amar Kumar @ Amar Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73569 of 2024 Arising Out of PS. Case No.-1539 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== Amar Kumar @ Amar Chauhan S/o- Late Umesh Chauhan @ Umesh Paswan R/O- Govindpur Noniya P.S- Phulwarisharif Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ansul, Sr. Advocate Mr. Anuj Kumar, Advocate For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-01-2025 Heard learned counsel for the parties.
2. This is the 2nd attempt of the regular bail of the petitioner. Earlier the bail application of the petitioner was rejected vide order dated 19.03.2024 passed in Cr. Misc. No. 84201 of 2023.
3. This is an application for grant of regular bail to the petitioner in connection with Phulwari Sharif P.S. Case No. 1539 of 2022 registered for the offences under Sections 396, 397 of the Indian Penal Code and Section 27 of the Arms Act
4. The following order was passed on 19.03.2024 passed in Cr. Misc. No. 84201 of 2023:
"Heard learned senior counsel for the petitioner Shri P.N. Shahi, learned counsel for the informant Shri Sunil Kumar and learned APP for the State.
Patna High Court CR. MISC. No.73569 of 2024(3) dt.17-01-2025 2/3
2. The petitioner seeks bail in connection with Phulwarisharif P.S. Case No.
1539 of 2022 registered for the offence under Section 396 and 397 of the Indian Penal Code and under Section 27 of the Arms Act.
3. As per the prosecution case, while committing dacoity, the criminals opened fire which hit three persons and out of three persons two died.
4. The petitioner's role has come during investigation and he is accused in three more cases.
5. The petitioner has also been identified in the T.I. Parade, and he is in jail since 3.2.2023.
6. Considering the fact that the petitioner is accused of committing a dacoity in which two persons were also killed and also considering the antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner.
7. Accordingly, this application is dismissed.
8. The Court below is directed to expedite the trial of the petitioner and conclude the same at the earliest."
5. The learned senior counsel for the petitioner has renewed his prayer for bail on the ground that some accused persons have been granted regular bail therefore he also deserves regular bail. While committing dacoity the petitioner is accused of killing of a person. The petitioner and others are in jail since 03.02.2023.
6. Considering the aforesaid and circumstances of the
Patna High Court CR. MISC. No.73569 of 2024(3) dt.17-01-2025 3/3 case, I am not inclined to review my earlier.
7. Accordingly, the second application for grant of regular Bail is hereby rejected.
8. The observations made in the earlier order or in this order will not prejudice the trial of the petitioner as they have been made only for purposes for considering the bail application.
(Sandeep Kumar, J) Ranjeet/- U T