Patna High CourtCR. MISC./21095/2023bail granted

Avinash Kumar @ Kallu Kumar @ Kallu v. The State Of Bihar

2023-05-18Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21095 of 2023 Arising Out of PS. Case No.-94 Year-2022 Thana- KHAJEKALA District- Patna ====================================================== Avinash Kumar @ Kallu Kumar @ Kallu, Son of Late Sunil Kumar Sharma Resident Of Village- Mirchai Gali Ghat, Ps- Chowk, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Vinod Shanker Modi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with S. Tr. No. 1080 of 2022 arising out of Khajekala P.S. Case No. 94 of 2022 dated 31.03.2022, instituted for the offence punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 Arms Act.

3. The allegation against the petitioner along with other co-accused person is to commit murder of the son of the informant by causing firearm injuries due to long standing previous enemities.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case due to local party politics. Learned counsel for the petitioner submits that nothing incriminating articles has been

Patna High Court CR. MISC. No.21095 of 2023(2) dt.18-05-2023 2/3 recovered from the possession of the petitioner. Learned counsel for the petitioner submits that informant is not eye witness and merely on suspicion, implicated the petitioner in this case. It is further submitted that there is no specific allegation against the petitioner. The allegation against the petitioner is general and omnibus. Similarly situated other co-accused Deepak Kumar, Piyush Sharma and Sonu Kumar @ Mini Bulet have already been granted bail by different Co-ordinate Benches of this Court vide order dated 03.04.2023 in Criminal Miscellaneous No. 2264 of 2023, vide order dated 20.02.2023 in Criminal Miscellaneous No. 65899 of 2022, vide order dated 21.02.2023 in Criminal Miscellaneous No.64119 of 2022 respectively. Lastly, it has been submitted that the petitioner is in custody since 03.04.2022 having no criminal antecedents. Charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District & Sessions

Patna High Court CR. MISC. No.21095 of 2023(2) dt.18-05-2023 3/3 Judge- IV, Patna City, in S.Tr. No. 1080 of 2022 arising out of Khajekala P.S. Case No. 94 of 2022.

(Khatim Reza, J) premchand/- U