Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15482 of 2023 Arising Out of PS. Case No.-314 Year-2021 Thana- SARAI District- Vaishali ====================================================== Avinash Kumar Son Of Binod Ram R/V- Goraul, P.S.- Goraul, DistrictVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 307, 302/34 of the Indian Penal Code.

The allegation against the petitioner along with co-accused persons is that they assaulted and opened fired upon the son, namely, Banti Kumar and nephew, namely, Vicky Kumar of the informant, due to which son of the informant sustained injury and his nephew died during treatment due to gun shot injury.

Patna High Court CR. MISC. No.15482 of 2023(2) dt.28-04-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither petitioner is named in the FIR nor specific allegation of firing has been leveled against the petitioner. It is further submitted that specific allegation of opening fire, due to which nephew of the informant died during treatment, is against co-accused Karu Jha, not against the petitioner. Similarly situated coaccused has already been granted bail by this Court vide order dated 20.02.2023 passed in Cr. Misc. No. 60040 of 2022. The petitioner is languishing in judicial custody since 07.03.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sarai P.S. Case No. 314 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.15482 of 2023(2) dt.28-04-2023 3/3 satisfaction of learned Additional District and Sessions Judge-Vth, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) Manish/- U T