Avinash Kumar @ Avinash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62336 of 2021 Arising Out of PS. Case No.-68 Year-2021 Thana- BITHAN BAZAR District- Samastipur ====================================================== AVINASH KUMAR @ AVINASH YADAV S/o LALAN PRASAD YADAV @ LALAN YADAV R/o VILLAGE-SAKHWA, POLICE STATIONBITHAN, DISTRICT- SAMASTIPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Singh, Advocate For the Opposite Party/s :

Ms.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 385 and 307 of the Indian Penal Code read with Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that a secret information was received that two groups were fighting against each other for establishing their supremacy, accordingly the informant reached at the place of occurrence and on seeing the police force, the accused persons fled from the place of occurrence.

Patna High Court CR. MISC. No.62336 of 2021(2) dt.14-07-2022 2/3 Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, no incriminating article was recovered from the place of occurrence, it is next submitted that the case in which petitioner was made an accused, as stated in paragraph '3', in that case the name of the petitioner had come in the confessional statement of accused, it is next submitted that the petitioner is a young boy aged about 22 years.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner and in the nature of allegations and also the fact that the petitioner is a young boy of 22 years of age, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bithan P.S. Case No. 68 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. with a further condition that one of the bailors of the petitioner

Patna High Court CR. MISC. No.62336 of 2021(2) dt.14-07-2022 3/3 shall be his father, Lalan Prasad Yadav @ Lalan Yadav. (Satyavrat Verma, J) Rishi/- U T