Amod Kumar @ Amod Yadav @ Amod Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81912 of 2025 Arising out of PS. Case No.-183 Year-2025 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== Amod Kumar @ Amod Yadav @ Amod Prasad Yadav son of Late Anika Yadav @Ambika Yadav @ Amrika Yadav Resident of Village- Raghunathpur, Ps- Sahebpur Kamal, Dist- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s:
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-12-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Sahebpur Kamal P.S. Case No. 183 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 351(1), 352, 109(1) and 3(5) of the BNS and Section 27 of the Arms Act.
3. The allegation against the petitioner is that on the fateful day while the informant went to the house of his neighbour to ask for her due money. He refused to return the money and later on the accused persons including the petitioner came at her house and started abusing and assaulting her. It is specifi-
Patna High Court CR. MISC. No.81912 of 2025(2) dt.15-12-2025 2/3 cally alleged that co-accused Lalu Yadav fired upon her due to which she sustained a bullet injury on her leg.
4. Learned Advocate appearing on behalf of the petitioner contended that save and except the petitioner is said to be a member of unlawful assembly there is no allegation of any overt act. The false implication of the petitioner is said to be for the reason that the husband of the informant is accused and in judicial custody in connection with S.Tr. No. 24 of 2019 pending before the learned Session Judge, Begusarai registered for the offence under Section 302 of IPC wherein the petitioner is a witness in the case. Moreover, the petitioner is man of sixty five years and he undertakes that he will abide by the terms and condition of this Court and will co-operate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that besides one criminal antecedent against the petitioner, he has actively participated in the crime.
6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the nature of accusation levelled against the petitioner, coupled with the fact that the petitioner is a witness to a case which is in-
Patna High Court CR. MISC. No.81912 of 2025(2) dt.15-12-2025 3/3 stituted against the husband of the informant and as such the false implication of the petitioner cannot be ruled out, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Additional Chief Judicial Magistrate-IV, Begusarai in connection with Sahebpur Kamal P.S. Case No. 183 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) Vikash/- U T