Amir Khan @ Md. Amir Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46273 of 2025

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Arising Out of PS. Case No.-136 Year-2024 Thana- CHANDRADIP District- Jamui

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======================================================

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Amir Khan @ Md. Amir S/o- Sajjad Khan Village- Dinnagar Po- Dinnagar Ps- Chandradip, Dist- Jamui

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pankaj Kumar Sinha, Advocate For the Opposite Party/s : Mr.Jagdhar Prasad, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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3 11-09-2025

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Heard learned counsel for the petitioner and learned

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APP for the State.

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In the present case, the petitioner seeks bail in connection with Chandradeep P.S. Case No. 136 of 2024 registered for the offences under Sections 103 115(2), 126(2), 190, 191(2) and 352 of the BNS.

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As per prosecution case, petitioner and other coaccused persons, over some petty quarrel, started abusing and assaulting the nephew of the informant who fled away towards his house in order to save him. Further, co-accused persons joined in the assault and chased him. When the father of the informant intervened, the petitioner hit him with lathi and the father of the informant fell down and become unconscious. He was taken to primary health centre where he was declared

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Patna High Court CR. MISC. No.46273 of 2025(3) dt.11-09-2025 2/3

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brought dead.

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Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence in the manner as alleged has ever taken place. Informant is not an eye-witness and the allegation of assault by lathi is not supported by the post-mortem report which shows no external injury. No injury as alleged by the informant in the written report has found in the post-mortem report though bruise behind left side of ear and bruise over left thigh have been found. But no injury on the neck or abdomen has been found. In the circumstances, no offence under Sections 103, 115(2) and 126(2) of the BNS is made out against the petitioner. A number of co-accused persons have been granted anticipatory bail by this Court vide order dated 07.03.2025 passed in Cr. Misc. No. 74631 of 2024. Learned counsel further submits that deceased was 70 years old person who died due to falling and taking advantage of this fact, petitioner and others have been falsely implicated in this case by the informant. Petitioner is in custody since 13.05.2025 and charge-sheet has been submitted. Petitioner is having clean antecedent.

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Learned A.P.P. opposes the submission made on behalf of the petitioner. Learned APP submits that post-mortem

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Patna High Court CR. MISC. No.46273 of 2025(3) dt.11-09-2025 3/3

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report shows death occurred from cardio respiratory failure due to internal hemorrhage and shock caused by hard and blunt substance. Learned APP further submits that internal injury was found in the form of fracture of occipito temporal bone.

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Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of allegation which appears to be serious and specific against this petitioner for causing death of an old man, I am not inclined to enlarge the petitioner on bail, hence, his prayer for bail is rejected .

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The learned trial court is directed to expedite the trial and conclude the same at the earliest.

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(Arun Kumar Jha, J)

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balmukund/-

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U T

Amir Khan @ Md. Amir v. The State of Bihar

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Amir Khan @ Md. Amir v. The State of Bihar

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