Avnish Kumar @ Kallu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8102 of 2024 Arising Out of PS. Case No.-535 Year-2023 Thana- NAANPUR District- Sitamarhi ====================================================== Avnish Kumar @ Kallu Son of Sampat Singh @ Ramas Singh Resident of Village-Bhaurgarh, P.S.-Nanpur, Distt-Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Ranjan, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Nanpur P.S Case No. 535 of 2023 registered for the offences punishable under Sections 414 of the I.P.C 25(1b)a, 26, 35 of Arms Act.

3. As per allegation in the FIR, one country made pistol and cash of Rs. 4180 recovered from the possession of the petitioner and one mobile, Rs. 160 cash and one motorcycle was recovered from the possession of the coaccused.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.8102 of 2024(2) dt.19-02-2024 2/3 petitioner has falsely been implicated in this case. He further submits that offences under Section 414 of the I.P.C will not be attracted because the motorcycle in question belongs to cousin of the petitioner. It is also submitted that petitioner is in judicial custody since 26.10.2023. Petitioner has got no criminal antecedent.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate Pupri, Sitamarhi in connection with Nanpur P.S Case No. 535 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet

Patna High Court CR. MISC. No.8102 of 2024(2) dt.19-02-2024 3/3 has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge. (Ramesh Chand Malviya, J) Mayank/- U T