Patna High CourtCR. MISC./32328/2019bail granted

Avinash Kumar v. The State Of Bihar

2019-05-15Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32328 of 2019 Arising Out of PS. Case No.-480 Year-2017 Thana- RUPASPUR District- Patna ====================================================== AVINASH KUMAR, S/o Mahendra Rai, R/o village- South Mandiri, Hathua Pathsala, P.S.- Budha Colony, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 15-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Rupaspur P.S. Case No.480 of 2017 instituted for the offence under Section(s) 302/34, 120B Indian Penal Code and Section 27 of the Arms Act. Counsel for the petitioner submits that petitioner is not named in the First Information Report.

In the written report, it is alleged that son of the informant was shot dead by unknown persons. The informant has further alleged that on 15.12.2017 at about 11.00 PM his son was taken by Abhishek Kumar on his motorcycle. He and his son was threatened by Yogendra Rai. It is further alleged that his son has been done to death by Abhishek Kumar in conspiracy with Yogendra Rai.

Patna High Court CR. MISC. No.32328 of 2019(2) dt.15-05-2019 2/2 Counsel for the petitioner further submits that coaccused, Yogendra Rai, has already been granted regular bail by co-ordinate Bench of this Court by order dated 02.05.2018 passed in Cr. Misc. No.26045 of 2018.

Name of the petitioner has come during investigation merely on suspicion, which also finds mention in the impugned order of the learned Sessions Judge.

Petitioner is in custody since 06.04.2019.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, II, Danapur, in connection with Rupaspur P.S. Case No.480 of 2017, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T