Patna High Court
Amit Sah @ Amit Sha @ Amit KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- B.N.S., 2023 — s. 308(4), 308(5), 3(5), 351(2), 352
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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