Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54440 of 2021 Arising Out of PS. Case No.-15 Year-2021 Thana- LAURIA District- West Champaran ====================================================== AVINASH KUMAR S/O Mewalal Patel Resident of Village and P.S. - Mainatand, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-05-2022 Heard the parties through video conferencing. Petitioner seeks regular bail in connection with Lauriya PS Case No. 15 / 2021 registered under Sections 413 / 414 / 34 of the I.P.C. and Section 25 (1-b)a / 26 / 35 of the Arms Act.

Police intercepted one motorcycle on which three persons were riding and upon seeing the police party they started fleeing away, however, two persons were arrested and one person succeeded in fleeing away. The arrested accused persons disclosed the name of the person who fled away as Md. Aurangzeb. From possession of the petitioner one country made pistol, one cartridge, 03 master keys and one blue colour mobile

Patna High Court CR. MISC. No.54440 of 2021(2) dt.13-05-2022 2/3 have been recovered and from possession of the arrested coaccused / Bhola Yadav one cartridge and one mobile were recovered.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and at the time of seizure procedure prescribed under Section 100 of the CrPC was not followed. He next submits that petitioner is in custody since 16-01-2021 and charge sheet has already been submitted . Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is in custody since 16/01/2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence if released on bail, as such, I am inclined to grant regular bail to the petitioner.

Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -1st, Bettiah, West Champaran in connection with Lauriya PS Case No. 15 / 2021 on the following condition :- (a) that the petitioner shall remain present on each and every date during the course of trial

Patna High Court CR. MISC. No.54440 of 2021(2) dt.13-05-2022 3/3 and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall liable to be cancelled.

(Anil Kumar Sinha, J) praful/- U T