Awanish Kumar @ Cigarette Singh @ Awanish Raj @ Awanish Kumar Singh @ Cigarette v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38199 of 2020 Arising Out of PS. Case No.-139 Year-2017 Thana- PIPRA District- East Champaran ====================================================== Awanish Kumar @ Cigarette Singh @ Awanish Raj @ Awanish Kumar Singh @ Cigarette, aged about 24 years (M), S/O Kunj Bihari Thakur R/O VillageAreraj Khajuriya, P.S.- Govindganj, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manindra Kishore Singh, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Pipra P.S. Case no. 139 of 2017 registered under sections 307, 341, 504, 387 and 34 of the Indian Penal Code and section 27 of the Arms Act. As per allegation in the F.I.R., it is stated by the informant that three persons came on motorcycle armed with a pistol and made a demand of 5% of the total value of the project as 'Rangdari'.

It is submitted by learned counsel for the petitioner that the F.I.R. was registered against three unknown. The name of the petitioner transpired in course of investigation in the

Patna High Court CR. MISC. No.38199 of 2020(2) dt.05-02-2021 2/2 confessional statement of a co-accused made before the police in another case. The petitioner is in custody since 26.07.2018 i.e., for more than two years and six months. No incriminating material has been recovered from his possession and he has not been put on test identification parade.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the case and counter case between the parties and charge sheet having been submitted in the case, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Pipra P.S. Case no. 139 of 2017 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, Motihari, District- East Champaran.

(Partha Sarthy, J) B.Kr./- U T