Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10195 of 2025 Arising Out of PS. Case No.-367 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Avinash Kumar S/o- Binod kumar Ram Resident of Village- Goraul PSGoraul Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-06-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 367 of 2024, instituted for the offences punishable under Sections 399, 402 and 412 of the Indian Penal Code read with Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, on secret information regarding assembly of anti-social elements, police conducted raid and apprehended four accused persons including the petitioner. On search, one loaded pistol and two live cartridges have been recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.10195 of 2025(4) dt.27-06-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner submits that the petitioner has got no concern with the alleged recovery of arms and with the other co-accused persons. The petitioner is in custody since 07.06.2024 and has got ten criminal antecedents and is on bail in all cases. There is no compliance of Section 100 of Cr.P.C. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 21.03.2025 passed in Cr. Misc. No. 16269 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.10195 of 2025(4) dt.27-06-2025 3/3 amount each to the satisfaction of Court below/concerned Court in connection with Hajipur Sadar P.S. Case No. 367 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(IV) If the petitioner is found involved in similar nature of offence in future, the Trial Court will have the liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T