Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18131 of 2019 Arising Out of PS. Case No.-624 Year-2018 Thana- HAJIPUR District- Vaishali ====================================================== AVINASH KUMAR Son of Dinbandhu Sinha @ Deen Bandhu Prasad Resident of Village - Rambhadra, P.S. Hajipur Town, District - Vaishali. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP.

For informant : Mr. Vasant Vikas, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2019 This application, for grant of anticipatory bail, arises out of Hajipur Nagar P.S. Case No. 624/18, disclosing offences under Sections 302/34 of the Indian Penal Code.

Allegation as per F.I.R. is that informant received informant that someone has fired on his son and on that informant, he went there and brought his son to the hospital, where he was declared dead.

Submission of learned counsel for the petitioner is that he is not named in the F.I.R., his name has been dragged in this case on confession of co-accused of this case and except that there is nothing against the petitioner to show his involvement in the present case and he has no criminal antecedent. Heard learned A.P.P. as well as learned counsel for the informant. They have opposed the prayer for bail and

Patna High Court CR. MISC. No.18131 of 2019(3) dt.03-05-2019 2/2 submitted that during the course of investigation, it transpired that there was dispute with respect to the settlement of tempo stand between the son of informant and one Chandan Singh and petitioner happens to be one of the associates of said Chandan Singh.

Having heard both sides, considering the facts and circumstances, let petitioner surrender within a period of six weeks from the date of receipt / production of a copy of this order, on which, the court below shall enlarge him on provisional bail to his own satisfaction till submission of charge-sheet on furnishing bail bonds of Rs. 25000/- (Rs. Twenty Five Thousand) in connection with Hajipur Nagar P.S. Case No. 624/18 and during the period of provisional, the petitioner will appeare before the Investigation Officer as and when required and after submission of charge-sheet against the petitioner, he has to surrender and make prayer for regular bail, which will be disposed of by the court below on the basis of materials available on record.

This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) sunilkumar/- U T