Patna High CourtCR. MISC./49942/2022bail granted

Avnish Kumar v. The State Of Bihar

2022-12-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49942 of 2022 Arising Out of PS. Case No.-146 Year-2022 Thana- PARAIYA District- Gaya ====================================================== AVNISH KUMAR S/O SRI ARVIND DAS Resident of village- Maranpur, P.S.- Paraiya, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Chandra For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-12-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 413 and 414 read with 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and the coaccused were apprehended with a stolen motorcycle. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The co-accused person has already been granted bail by

Patna High Court CR. MISC. No.49942 of 2022(2) dt.12-12-2022 2/2 the co-ordinate bench vide order dated 09.11.2022 passed in Cr. Misc. No. 41063 of 2022. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.05.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, is directed to be enlarged 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 Court concerned, Gaya in connection with Paraiya P.S. Case No. 146 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) niku/- U T