Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34420 of 2025 Arising Out of PS. Case No.-359 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== Avinash Kumar Son of Late Anil Kumar Suman @ Anil Ram Resident of Ward No.- 12 Sahit Bhola School, Police Station - Vidyapati Nagar, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bachhwara P.S. Case No. 359 of 2023 instituted for the offences under Sections 302, 201, 120B, 34 of the Indian Penal Code.

3. Accusation against the accused persons including the petitioner is of committing the murder of the deceased by taking him from his house under conspiracy.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Chhotu Kumar. No specific overt act is alleged

Patna High Court CR. MISC. No.34420 of 2025(3) dt.11-09-2025 2/2 against the petitioner. Learned counsel further submitted that except the confessional statement of the co-accused person, there is no material against the petitioner to show his involvement in the alleged offence. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bachhwara P.S. Case No. 359 of 2023, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T