Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28002 of 2025 Arising Out of PS. Case No.-171 Year-2025 Thana- AGAMKUAN District- Patna ====================================================== Avinash Kumar S/o- Rajiv Kumar @ Rajeev Kumar Resident of Indira Colony Kachchi Pakki Road PS-Sadar District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Agamkuan P.S. Case No. 171 of 2025 registered on 26.02.2025 for the offences under Sections 140(3), 127(2) and 3(5) of the B.N.S.

3. As per prosecution case, six FIR named co-accused persons took away the husband of the informant from his house and thereafter the informant received a phone call asking her to clear the accounts and take back her husband. The name of the petitioner transpired during investigation for being involved in the said occurrence.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been

Patna High Court CR. MISC. No.28002 of 2025(2) dt.07-05-2025 2/3 falsely implicated in this case. The husband of the informant was recovered by the police on 27.02.2025 from a hotel along with two other co-accused, namely, Manish Raj and Amit Kumar. The petitioner has nothing to do with the alleged occurrence which took place and he was present at the place of occurrence on asking of his friend Manish Raj and the said Manish Raj is a friend of Aman Kumar with whom the husband of the informant was having some money transaction dispute. But the petitioner was not aware about it. Petitioner is an educated person and he is doing job in medical field. Petitioner is in custody since 27.02.2025 and charge-sheet has been submitted. Petitioner is having clean antecedent.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner was found at the place from where recovery of husband of the informant was made.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the clean antecedent of the petitioner coupled with his period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties

Patna High Court CR. MISC. No.28002 of 2025(2) dt.07-05-2025 3/3 of the like amount each to the satisfaction of learned A.C.J.M.- IV, Patna City/concerned court in connection with Agamkuan P.S. Case No. 171 of 2025, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T