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Patna High Court

Amit Sah @ Amit Sha @ Amit KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that anticipatory bail could not be granted to the petitioner.

Summary

The petitioner, Amit Sah, was implicated in a case registered under the B.N.S., 2023 for alleged extortion of Rs 2 lakhs and the receipt of Rs 25,000 from an informant. He sought anticipatory bail, asserting his innocence, while the prosecution highlighted his 21 prior criminal cases, six of which ended in acquittal. Counsel for the State opposed bail, stressing the seriousness of the extortion charge and the petitioner’s criminal history. The bench, after hearing both sides, declined to grant anticipatory bail and ordered the petitioner to surrender within four weeks and apply for regular bail. The court directed the Senior Superintendent of Police, Bhagalpur, to ensure the petitioner’s arrest if he fails to surrender, and the order was communicated to the police for immediate compliance.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the extortion allegations and his extensive criminal antecedents
  • Whether the petitioner should be directed to surrender and seek regular bail

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • extortion
  • criminal antecedents
  • surrender
  • regular bail
  • B.N.S. 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.50881 of 2025
                        Arising Out of PS. Case No.-36 Year-2025 Thana- Bypass District- Bhagalpur
                 ======================================================
                 Amit Sah @ Amit Sha @ Amit Kumar S/o Late Ashok Sah R/o Vill-
                 Ganeshpur Tinpuliya, P.S.- Bypass, Distt- Bhagalpur

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajay Kumar Thakur, Advocate
                                                   Ms. Vaishnavi Singh, Advocate
                 For the Opposite Party/s :        Mr. Bharat Bhushan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   24-02-2026                   Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Bypass P.S. Case No. 36 of 2025, registered for the offence

                   under Sections 308(4), 308(5), 352, 351(2), 3(5) of the B.N.S.,

                   2023.

                                 3. As per prosecution case, the petitioner and other

                   accused persons are alleged to have demanded extortion of Rs. 2

                   Lakhs from the informant and also taken away Rs. 25,000/-

                   from the informant.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has not committed any offence.

                   Petitioner has 21 criminal antecedents out of which in six cases
            Patna High Court CR. MISC. No.50881 of 2025(4) dt.24-02-2026
                                                        2/2




                      he has been acquitted.

                                    5. Learned A.P.P. has vehemently opposed the prayer

                      for bail and submitted that petitioner is accused of demanding

                      extortion from the informant and also carries 21 criminal

                      antecedents.

                                    6. Considering the allegation levelled against this

                      petitioner, this Court is not inclined to grant bail to the

                      petitioner.

                                    7. Accordingly, the prayer for anticipatory bail of the

                      petitioner stands rejected.

                                    8. The petitioner is directed to surrender within four

                      weeks from today and pray for regular bail, failing which, the

                      Senior Superintendent of Police, Bhagalpur will take all steps

                      for his arrest.

                                    9. Let a copy of this order communicated to the

                      Senior Superintendent of Police, Bhagalpur for its forthwith

                      compliance.


                                                         (Sandeep Kumar, J)

Ranjeet/-
U       T


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