Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 93237 (PAT)

Amit Kumar Singh v. The State of Bihar

CR. MISC./65897/2025 · 2025-12-22

Arun Kumar Jha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65897 of 2025 Arising Out of PS. Case No.-189 Year-2025 Thana- GOH District- Aurangabad ====================================================== Amit Kumar Singh S/O Raju Singh Resident of Village-Bhurkunda, P.S.- Goh, District- Aurangabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ravindra Kumar Singh, Adv. For the Opposite Party/s : Mr.Ajay Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 4 22-12-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. In the present case, the petitioner seeks bail in connection with Goh P.S. Case No. 189 of 2025, registered for the offences under Sections 191(2), 191(3), 189(4), 132, 221, 121(1), 115(2), 109(1), 352, 351(2), 126 of the BNS and Section 25(9) of the Arms Act. 3. As per the prosecution case, the informant received intimation about tension prevailing due to scuffle between two groups and the police party reached the spot. While they had been trying to pacify the matter, both sides resorted to brickbatting and the informant and another police official received injuries. The petitioner was seen brandishing a firearm and the same was caught on video. 21 persons were named in Patna High Court CR. MISC. No.65897 of 2025(4) dt.22-12-2025 2/4 the FIR and 15-20 persons were stated to be unknown persons who all resorted to brickbatting and attacked the police party. 4. Learned counsel appearing on behalf of the petitioner submits that except for allegation that the petitioner has been seen brandishing a firearm there is no other allegation against the petitioner. The injury report of the petitioner shows a simple injury which is pain and swelling of right wrist and except for the allegation of brandishing his weapon, no other specific allegation is against the petitioner. The allegations are general and omnibus against almost 40-45 persons. It is also clear from the FIR that a large number of people from two sides were abusing and throwing stones and it is not possible to say that the petitioner caused injury to any police official or any other person. No other injury report has been brought on record and this falsifies the allegation against the petitioner and other co-accused persons. Nothing incriminating has been recovered from person or possession of this petitioner who is having antecedent of three cases. The petitioner is in custody since 17.06.2025 and charge sheet has been submitted. 5. Learned APP appearing for the State opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner was caught on video footage Patna High Court CR. MISC. No.65897 of 2025(4) dt.22-12-2025 3/4 brandishing a firearm and in the assault by petitioner and others, the police officials received injuries. 6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the nature of allegation and the period of custody of the petitioner and submission of charge sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned JMFC, Daudnagar/concerned court, in connection with Goh P.S. Case No. 189 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled Patna High Court CR. MISC. No.65897 of 2025(4) dt.22-12-2025 4/4 by the court concerned. Anuradha/- (Arun Kumar Jha, J) U T