Awanish Kumar Singh @ Awanish Kumar @ Kumar Vishwajit Singh @ Avneesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46295 of 2026 Arising Out of PS. Case No.-134 Year-2026 Thana- KALYANPUR District- East Champaran ====================================================== Awanish Kumar Singh @ Awanish Kumar @ Kumar Vishwajit Singh @ Avneesh Kumar Singh S/O Birendra Singh @ Virendra Singh Resident of Village-Vasdev Chhapra, P.S-Kalyanpur, District-East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate Mr. Sumit Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kalyanpur P.S. Case No. 134 of 2026 instituted for the offence under Sections 317(4), 317(5) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

As per prosecution case, there is recovery of three stolen motorcycles from the house of the petitioner. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.03.2026. Petitioner bears five (5) criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.46295 of 2026(2) dt.16-07-2026 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. Save and except confessional statement of the petitioner, there is no material against the petitioner and also the same has no evidentiary value in the eye of law. There is no compliance of Section 103 of the BNSS, 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and nature of accusation, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kalyanpur P.S. Case No. 134 of 2026, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.46295 of 2026(2) dt.16-07-2026 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T