Avinash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 4109 of 2023 Arising Out of PS. Case No.-350 Year-2022 Thana- MALSALAMI District- Patna ====================================================== AVINASH KUMAR SON OF SURAJ SAHANI R/O VILLAGE- NAKHAS CHOWK, FIRST STREET, HAJIPUR, P.S.- HAJIPUR, DISTRICTVAISHALI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Mr. Suman Kumari Singh, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under sections 457 and 380 of the Indian Penal Code.
Prosecution story, in brief, is that the informant along with his family members had gone to Katra, Jammu. But when he returned home, he found the grill of the house cut and various ornaments missing.
Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner has not been named in the FIR and his name has been transpired on the basis of confessional statement of the co-accused, namely Harsh Kumar. No incriminating
Patna High Court CR. MISC. No. 4109 of 2023(2) dt.09-05-2023 2/2 material has been recovered from the conscious possession of the petitioner. Petitioner claims clean antecedent. Learned counsel for the State opposes the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Patna City in connection with Malsalami P.S. case no. 350 of 2022 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Alok Verma/- U T