Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50571 of 2021 Arising Out of PS. Case No.-77 Year-2021 Thana- BARURAJ District- Muzaffarpur ====================================================== Avinash Kumar S/O Late Bachcha Patel R/o village- Sonbarsa, P.S.- Baburaj, District- Muzafarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Bipin Chandra, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-02-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. The petitioner seeks bail in connection with Baruraj P.S. Case No. 77 of 2021 instituted for the offences under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 07.06.2021, charge-sheet has been submitted in the case and has antecedent of one case as mentioned in paragraph '3' of the bail application.

Learned counsel for the petitioner submits that allegation is of looting Rs. 20,255/- along with a bag containing sanitizer, jeans, pant etc and mobile by four unknown criminals from the informant who was working as a delivery boy Learned counsel for the petitioner submits that the F.I.R. was against unknown, this petitioner was arrested in Baruraj P.S.

Patna High Court CR. MISC. No.50571 of 2021(2) dt.02-02-2022 2/2 Case No. 79 of 2021 and was made to confess his role in the present occurrence and also disclosed the name of accused persons. Learned counsel further submits that confession made before the police has no evidentiary value in the eyes of law and nothing has been recovered from the possession of the petitioner nor the petitioner has been put on T.I.P.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 07.06.2021, charge-sheet has been submitted in the case and his named transpired in his own confessional statement, let the petitioner above named be released 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 J.M. 1st Class (West), Muzaffarpur in connection with Baruraj P.S. Case No. 77 of 2021 with a condition that one of the bailors shall be the brother of the petitioner (Amit Kumar) and in future if the petitioner gets implicated in a case of similar nature, the court below will be at liberty to cancel his bail bonds.

(Satyavrat Verma, J) Rishi/- U T