Patna High CourtCR. MISC./21248/2016bail granted

Avinash Kumar @ Avishek Kumar And ORS v. The State Of Bihar

2016-05-24Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21248 of 2016 Arising Out of PS.Case No. -363 Year- 2015 Thana -MAHUA District- VAISHALI (HAJIPUR) ======================================================

1. Avinash Kumar @ Avishek Kumar, son of Ashok Kumar.

2. Sri Ram Kumar, son of Late Paras Nath Kumar.

3. Ashok Kumar, son of Late Paras Nath Kumar. All resident of village-Kariho, P.S.-Mahua, District-Vaishali at Hajipur (Bihar). .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the State : None ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 24-05-2016 Heard learned counsel for the petitioners and learned counsel for the informant.

The petitioners seek pre-arrest bail in connection with Mahua P.S. Case No. 363 of 2015 registered under Sections 447, 387, 506 read with 34 of the Indian Penal Code and 27 of the Arms Act.

It is submitted by the learned counsel for the petitioner that the informant has deliberately not disclosed relationship with the accused persons in the FIR. He has submitted that co-accused Ram Kumar and Ashok Kumar are full brothers of the informant and the petitioner no. 1 Avinash Kumar is son of petitioner no. 3 Ashok Kumar meaning thereby

Patna High Court Cr.Misc. No.21248 of 2016 (2) dt.24-05-2016 2 / 2 he is the own nephew of the informant of the case. He has further submitted that it is unbelievable that the petitioners being close relatives would demand ransom amount from the informant.

Despite repeated calls, none appears for the State. Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 363 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T