Avinash Kumar @ Abinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38034 of 2020 Arising Out of PS. Case No.-119 Year-2020 Thana- KHODAWANDPUR District- Begusarai ====================================================== 1.

AVINASH KUMAR @ ABINASH KUMAR Son of Lalan Prasad Yadav Resident of Village Sakhwa, P.S.-Bithan, District-Samastipur. 2.

GUDDU KUMAR Son of Ram Padarath Yadav Resident of VillageMangalgadh, P.S. Hasanpur, District-Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Rajive Ranjan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-02-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertake to remove the defects within four weeks of resumption of normal functioning of the Court proceeding. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

The petitioners seek bail in a case registered for the offence punishable under Sections 120(B), 364 and 365 of the Indian Penal Code.

Prosecution case as lodged by the informant is that as soon as he returned to his home, he was reported by the persons named in the FIR that his younger brother namely Sandeep @ Guddu was taken away on bullet motorcycle by three persons, who happened to close associates of his brother. Thereafter, it is alleged that an unknown call was received by the informant's

Patna High Court CR. MISC. No.38034 of 2020(2) dt.05-02-2021 2/2 mother whereby demand of Rs. 60,000/- was made on account of money transaction and it was directed for sending the said amount.

Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He submits that after investigation, police has submitted charge-sheet under Section 365 of the Indian Penal Code. He submits that similarly situated co-accused has been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 34855 of 2020 on 25.01.2021. He further submits that petitioners are languishing in judicial custody since 23.06.2020. In the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Manjhaul, Begusarai in connection with Khodawandpur P.S. Case No. 119 of 2020. (Anjani Kumar Sharan, J) devendra/- U T