Avinash Kuber @ Avinash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27149 of 2022 Arising Out of PS. Case No.-1094 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== Avinash Kuber @ Avinash Kumar Son Of Dhananjay Kumar R/O- House No.-7, Jogia Tola, P.S. And P.O.- Phulwari Sharif, District- Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Dilbar Krishna For the Opposite Party/s :
Mr. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-09-2022 Heard learned counsel for the petitioner and the State.
Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 302, 363, 365 and some other ancillary Sections of the Indian Penal Code. As per the prosecution case, the son of the informant became traceless. It is further alleged that he had gone to Tamtam Parao, Phulwari Sharif but he did not return to his house till 11:00 PM.
Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has come in this case during the course of investigation in the confessional statement of co-accused, Deepak Mahto and except the confessional statement of the co-accused, there is no other
Patna High Court CR. MISC. No.27149 of 2022(2) dt.22-09-2022 2/2 material to show the complicity of petitioner in the aforesaid crime. Petitioner has got clean antecedent. Learned counsel appearing for the State opposes the prayer for anticipatory bail bail.
Considering the facts of the case and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of four weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IX, Patna in connection with Phulwari Sharif PS case No. 1094/2019, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T