Avinash Kumar @ Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22137 of 2025 Arising Out of PS. Case No.-51 Year-2025 Thana- HISUWA District- Nawada ====================================================== Avinash Kumar @ Monu Kumar Son of Shashi Bhushan Pandey Resident of Village - Saidapur, Police Station - Narhat in the district of Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hisua P.S. Case No. 51 of 2025 instituted for the offences under Sections 304(2), 3(5) of the B.N.S., 2023.

3. As per prosecution case, three miscreants, boarded on motorcycle, came to the Informant and snatched his mobile and locket and tried to flee away from there but, one of them was apprehended. On query, he disclosed his name as Avinash Kumar (the petitioner). On search, the mobile of the petitioner was recovered from his possession.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.

Patna High Court CR. MISC. No.22137 of 2025(2) dt.28-04-2025 2/2 He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. In course of investigation, not a single independent witness has come forward to support the prosecution cas. The petitioner has no concern with the alleged occurrence. The petitioner has one criminal antecedent in which he is on bail and is languishing in judicial custody since 29.01.025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Hisua P.S. Case No. 51 of 2025.

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