Avinash Kumar @ Nath v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66311 of 2021 Arising Out of PS. Case No.-363 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== AVINASH KUMAR @ NATH S/O KAPIL SINGH R/o village- Kanchanpur, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivjee Singh For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Bidupur P.S. Case No. 363 of 2021, for the offences under Sections 147, 148, 149, 447, 323, 307, 385, 387, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act. As per allegation, petitioner along with other co-accused persons and 10 to 15 unknown persons demanded ransom from the informant. On denial, they badly assaulted him and also exploded bomb whereby the informant sustained injury

Patna High Court CR. MISC. No.66311 of 2021(2) dt.01-06-2022 2/3 in his limbs, waist and chest etc.

Learned counsel for the petitioner has submitted that the entire allegation is false. There is case and counter case. The informant and his associates badly assaulted the brother of the petitioner and he became injured. He has submitted further that in his fardbeyan there is allegation that informant sustained injuries from bomb explosion but as per medical report, the injuries are simple in nature caused by hard and blunt substance. He has submitted further that though there are two antecedents as mentioned in Paragraph 3 is against the petitioner but in Bidupur P.S. Case No. 229 of 2020, final form has been submitted and Bidupur P.S. Case No. 133 of 2021, which is for trivial dispute, the petitioner has been granted bail.

Considering the above mentioned facts and circumstances, the petitioner above named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Bidupur P.S. Case No. 363 of 2021, subject to condition as laid down under section 438(2) Cr.P.C.

Patna High Court CR. MISC. No.66311 of 2021(2) dt.01-06-2022 3/3 petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Ranjeet/- U T