Avinash Kumar @ Tullu Singh @ Avinish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21265 of 2019 Arising Out of PS. Case No.-646 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Avinash Kumar @ Tullu Singh @ Avinish Kumar Son of Ram Kishor Singh Resident of Mohalla - Sarvoday Nagar, P.S.- Begusarai Town in the district of Begusarai, Presently residing at Changorabhata, Raipur, House No.-382, Vasundhara Nagar near Parishad Karyalay, P.S.- Raipur, District- Raipur in the State of Chhattisgarh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhu Narayan Sharma For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case registered under Sections 341, 342, 323, 324, 504, 363, 326, 307, 292, 293, 294, 506, 509, 120B/34, 377, 109 of the Indian Penal Code and 66, 77 of Electronics Law and 27 of the Arms Act.

The prosecution case, in short, is that two unknown boys on the point of pistol kidnapped the informant by making him seated on a motorcycle, brought in a room near clinic of Dr. Savan Kumar, assaulted him and thereafter took him behind the jail where he was again assaulted along with two other accused persons and there they committed unnatural offence on the point of pistol and prepared video through a mobile.

Patna High Court CR. MISC. No.21265 of 2019(2) dt.11-04-2019 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.11.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come in course of investigation on confessional statement of co-accused. Other co-accused have been granted bail vide Cr.Misc.No.10741 of 2019, 12194 of 2019, 16425 of 2019 and 19665 of 2019. On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is not named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Nagar P.S. case No.646 of 2018 giving rise to G.R. No.4614 of 2018.

The petitioner undertakes to co-operate during the trial. (Sudhir Singh, J) Narendra/- U T