Amrit Singh @ Botla@ Amrit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82396 of 2023 Arising Out of PS. Case No.-417 Year-2023 Thana- BARAUNI District- Begusarai ====================================================== AMRIT SINGH @ BOTLA@ AMRIT KUMAR S/O NEPO SINGH VILLAGE- BIHAT KHEMKARANPUR, PS. BARAUNI (F.C.I.) DIST. BEGUSARAI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP For the Informant :

Mr. Sandip Kumar Gautam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-07-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner apprehends his arrest in connection with Barauni P.S. Case No. 417 of 2023 registered for the offence under Sections 302, 201, 120B/34 of the Indian Penal Code.

3.

The allegation against the petitioner is to have committed murder of the husband of the informant along with other co-accused persons.

Patna High Court CR. MISC. No.82396 of 2023(9) dt.20-07-2024 2/3 4.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in the present case. It is submitted that there is no an eyewitness to the present occurrence. It is submitted that it appears from FIR that deceased was threatened by other co-accused person, namely, Tirath Singh and there is no allegation as regard to threatening against this petitioner and also he has no concern with the dispute between the deceased and co-accused person, Tirath Singh. It is submitted that specific allegation as regard to causing death has not been levelled against this petitioner rather the allegation has been levelled against this petitioner is general and omnibus in nature.

5.

Learned APP appearing on behalf of the State, opposes the prayer of bail of the petitioner. 6.

In view of the submissions and nature of allegation, as made above and as it appears from perusal of case diary that there is involvement of the petitioner in the present murder case, where, investigation of this case has already been concluded and also it appears from perusal of postmortem report that cause of death of the deceased is due to neurogenic and haemorrahagic shock caused by firearm, this Court is not inclined to grant anticipatory bail to the petitioner.

Patna High Court CR. MISC. No.82396 of 2023(9) dt.20-07-2024 3/3 7.

Accordingly, the prayer of anticipatory bail of the petitioner is rejected herewith.

(Ramesh Chand Malviya, J) S.Katyayan/- U T