Avinash Yadav @ Avinash Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38433 of 2025 Arising Out of PS. Case No.-48 Year-2024 Thana- RAMGARHWA District- East Champaran ====================================================== Avinash Yadav @ Avinash Kumar Yadav S/o Bagar Yadav R/o VillageBathwariya, Ward No. 9, P.S.- Bathwariya, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Advocate For the Opposite Party/s :
Ms.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-12-2025 Heard Mr. Abhishek Kumar, learned counsel appearing on behalf of the petitioner and Ms. Asha Kumari, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection with Ramgarhwa P.S. Case No. 48 of 2024 registered under Sections 341, 323, 393, 394, 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the allegation made in the FIR, some unknown accused tried to loot the informant but failed and they fled away leaving their motorcycle having Chassis No.MD625AF90P1B19317.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has falsely been implicated in the present case. He has no concern
Patna High Court CR. MISC. No.38433 of 2025(5) dt.18-12-2025 2/3 with the alleged offence of robbery. The petitioner is the owner of the motorcycle bearing Chassis No.MD625AF90P1B19317. Nothing incriminating has been recovered form the conscious possession of the petitioner and only on the basis of suspicion he has been named in present FIR. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made against the petitioner, the learned District Court is directed to verify from the District Transport Officer concerned in respect of the seized motorcycle, as to whether, the same is registered in the name of the petitioner? In case, the same is registered in the name of the petitioner and is not stolen and the vehicle was being driven by some other person, the petitioner cannot be held responsible for the said act of the co-accused. In that case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned District Court where the case is pending in connection with
Patna High Court CR. MISC. No.38433 of 2025(5) dt.18-12-2025 3/3 Ramgarhwa P.S. Case No. 48 of 2024, subject to the condition as laid down under Section 482 of the BNSS//438(2) of the Cr.P.C.
7. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T