Avinash Kumar @ Avinash Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25685 of 2025 Arising Out of PS. Case No.-32 Year-2024 Thana- DHIBRA District- Aurangabad ====================================================== Avinash Kumar @ Avinash Bhuiyan S/o Chhathan Bhuiyan R/o VillageBara, P.S.- Dhhibra, District- Aurangabad (Bihar) ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Pramendra Kumar Singh, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP For the Informant :

Mr. Kamlendra Pd. Singh, Advocate Mr. Shyama Kant Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. 2.

This application for grant of regular bail arises out of Dhibra P.S. Case No.32 of 2024 registered for the offence punishable under sections 302/34 of the Indian Penal Code and under section 27 of the Arms Act.

3.

As per the F.I.R., four persons were involved in the crime. The main accused is one Akash Kumar. He was accompanied by three criminals including the petitioner. Coaccused Akash Kumar is said to have killed the deceased. During investigation, it has come that this petitioner had also accompanied him armed with pistol.

4.

The petitioner is in custody since 23.12.2024.

Patna High Court CR. MISC. No.25685 of 2025(5) dt.06-08-2025 2/2 5.

Learned counsel for the petitioner submits that the petitioner is not the assailant of the deceased and there is not enough material to connect the petitioner with the crime because he is not the assailant of the deceased. 6.

From the materials available on record, it appears that the petitioner and co-accused Akash Kumar have murdered the deceased after planning because the deceased was opposing the relationship of his niece with co-accused Akash Kumar and at the time of occurrence the petitioner was also carrying a pistol and he shared common intention to kill the deceased.

7.

Considering the aforesaid facts, I am not inclined to grant the petitioner privilege of regular bail. Accordingly, this bail application is rejected. 8.

The trial court is directed to expedite the trial and conclude the same as early as possible.

(Sandeep Kumar, J) pawan/- U T