Avinash Kumar @ Baua @ Avinash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58043 of 2025 Arising Out of PS. Case No.-37 Year-2021 Thana- BACHHWARA District- Begusarai ====================================================== Avinash Kumar @ Baua @ Avinash S/o Rambadan Yadav @ Ram Badan Ray @ Ram Badan Rai @ Badda Yadav R/o Village- Narepur, Shrawan Tola, P.S.- Bachhwara, District- Begusarai.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Shreyanshu Kumar, Advocate Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in connection with Bachhwara P.S. Case No. 37 of 2021, dated 07.02.2021 in a case registered for the offences punishable under Sections 307 and 34 of the Indian Penal Code and under Section 27 of Arms Act.

3. As per prosecution story, the FIR named accused persons including the petitioner have assaulted the informant and also opened fire on him causing injury to his right hand finger.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. The allegation levelled against the petitioner in the FIR is false and fabricated and the petitioner has not committed

Patna High Court CR. MISC. No.58043 of 2025(2) dt.17-10-2025 2/2 any such offence as alleged in the FIR. The present case is the counter blast of Bachhwara P.S. Case No. 45 of 2021 lodged by the petitioner's side against the informant's side, and only to save their skin the present false case has been lodged by the informant. Petitioner is in custody since 10.06.2025 and chargesheet has already been submitted.

5. Learned A.P.P. for the State vehemently opposes the bail application.

6. Considering the aforesaid facts and circumstances of the case and period of custody, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Begusarai, in connection with Bachhwara P. S. Case No. 37 of 2021.

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