Avnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42472 of 2023 Arising Out of PS. Case No.-60 Year-2023 Thana- RIGA District- Sitamarhi ====================================================== AVNISH KUMAR SON OF BIPIN KUMAR R/V ATHARI, WARD NO. 10, PS. RUNNISAIDPUR, DIST- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr. Pushpendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Riga P.S. Case No. 60 of 2023 dated 06.02.2023 registered for the offences punishable u/s 302, 120B and 201 of the Indian Penal Code.

3. As per the prosecution case, an unidentified dead body of a lady was found in the drainage of the field of Manoj Srivastava who was strangulated to death.

Patna High Court CR. MISC. No.42472 of 2023(3) dt.08-09-2023 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. Nothing incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that there is no specific overt act attributed against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 16.02.2023.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, 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, Sitamarhi in connection with Riga P.S. Case No. 60 of 2023 with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the

Patna High Court CR. MISC. No.42472 of 2023(3) dt.08-09-2023 3/3 petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T