Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34264 of 2022 Arising Out of PS. Case No.-750 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== AVINASH KUMAR S/o Sugriv Singh @ Sugriv Prasad Singh Resident of Village- Navin Nagar, P.S.- Nawada, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 395, 397 and 412 of the Indian Penal Code.

As per the prosecution case, 5 to 6 unknown miscreants armed with lethal weapons entered the house of the informant and started assaulting and abusing. They stabbed the informant's son in his thigh and looted gold and silver worth Rs. 10-15 lacs.

Patna High Court CR. MISC. No.34264 of 2022(4) dt.26-09-2022 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner has sprung up in the confessional statement of co-accused Gopal Chauhan. The petitioner is not named in the F.I.R. No T.I.Parade has been conducted by the prosecution. The other coaccused has already been granted bail by this Court vide order dated 31.08.2022 passed in Criminal Misc. No. 25688 of 2022. The petitioner is accused in seven other criminal cases. The petitioner is in custody since 23.12.2021.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Begusarai Town P.S. Case No. 750 of 2021 with a condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.34264 of 2022(4) dt.26-09-2022 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T