Patna High CourtCR. MISC./47933/2022bail granted

Avinash Kumar @ Avinash Singh v. The State Of Bihar

2022-12-13Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47933 of 2022 Arising Out of PS. Case No.-103 Year-2018 Thana- KORHA District- Katihar ====================================================== Avinash Kumar @ Avinash Singh S/O Sri Shyamsunder Mandal Resident Of Village- Dumari, P.S.- Tikapatti, District- Purnea. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 302, 394 and other sections of Indian Penal Code and Section 27 of Arms Act. As per prosecution case, informant's son-in-law was shot near Kheriya Hatia at NH 81 and he later on died during treatment. Motorcycle and purse containing cash about Rs. 8000/- of the victim were also found missing from the spot. FIR is against unknown persons.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that name of the petitioner has transpired in this case after four years of the alleged occurrence only on the ground that he used to talk to the wife of the deceased.

There

Patna High Court CR. MISC. No.47933 of 2022(2) dt.13-12-2022 2/2 is no other tangible evidence against the petitioner to show his complicity in the aforesaid crime. Petitioner has got clean antecedent.

Considering the aforesaid facts and circumstances, let the above named petitioner in the event of his arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in Korha P. S. Case No. 103 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T