Patna High CourtCR. MISC./70277/2021bail granted

Avinash Kumar @ Avinash Sahni v. The State Of Bihar

2022-04-21Mr. Justice Anil Kumar Sinha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42081 of 2021 Arising Out of PS. Case No.-155 Year-2021 Thana- LALGANJ District- Vaishali ====================================================== VIKASH KUMAR Son of Ramji Ram Resident of Village- Jalalpur, P.S.- Lalganj, District- Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 63093 of 2021 Arising Out of PS. Case No.-155 Year-2021 Thana- LALGANJ District- Vaishali ====================================================== MANTU RAI Son of Guljar Rai Resident of Village - Dighi Khurd, P.S. Hajipur Sadar, Dist.- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar .. ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 69580 of 2021 Arising Out of PS. Case No.-155 Year-2021 Thana- LALGANJ District- Vaishali ====================================================== SHATRUGHAN KUMAR Son of Kailash Singh R/o Village- Kamalpur, P.S.- Lalganj, District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 70277 of 2021 Arising Out of PS. Case No.-155 Year-2021 Thana- LALGANJ District- Vaishali ====================================================== AVINASH KUMAR @ AVINASH SAHNI S/o- Asharfi Sahni R/o VillageIsmailpur, District- Hajipur Sadar, District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 42081 of 2021) For the Petitioner/s :

Ms. Bela Singh, Adv.

For the Opposite Party/s :

Mr. Anant Kumar 1, APP (In CRIMINAL MISCELLANEOUS No. 63093 of 2021) For the Petitioner/s :

Mr. Anil Kumar, Adv.

2/4 For the Opposite Party/s :

Mr. Atul Chandra, APP (In CRIMINAL MISCELLANEOUS No. 69580 of 2021) For the Petitioner/s :

Mr. Mohit Shriwastava, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, APP (In CRIMINAL MISCELLANEOUS No. 70277 of 2021) For the Petitioner/s :

Mr. Niranjan Parihar, Adv.

For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-04-2022 Heard the parties.

All the aforesaid four bail applications have been heard together and are being decided by a common order as they arise out of same PS Case i.e., Lalganj PS Case No. 155/2021. Petitioners seek regular bail in connection with Lalganj PS Case No. 155/2021 registered for the offence punishable under Sections 399, 402, 414 of the IPC and Section 25(1-b) a/26/35 of the Arms Act.

As per First Information Report, the police got secret information that one boy on a bike along with his other friends were carrying arms and were planning to commit offence. On this information, the police started vehicles checking and apprehended one person, namely, Raja Kumar along with loaded country made pistol and one cartridge from his pocket was also recovered and the said person revealed that he has got these firearms from one Shashikant Rai, a co-accused, in order to commit loot in the bank at the instance of one Mantu Rai. It is further alleged that the plan of dacoity was to be executed along with

3/4 Shatrughan Kumar, Avinash Kumar and one Sonal Kumar Sahni but the said plan could not be materialized.

Learned counsel for the petitioner submits that the petitioners have falsely been implicated in this case on the basis of the statement made by the co-accused person, Raja Kumar from whose possession illegal fire-arms were recovered and he has been granted bail by this Court vide Cr. Misc. No. 51120/2021. Other accused persons, namely, Shashikant Rai @ Sashikant Kumar vide Cr. Misc. No. 45070/2021, Krishna Kumar vide Cr. Misc. No. 44932/2021 have been granted bail by this Court. He further submits that no incriminating material or fire-arm has been recovered from the possession of the petitioners and the petitioners, namely, Vikash Kumar since 14.05.2021, Mantu Rai since 01.07.2021, Shatrughan Kumar since 05.01.2021 and Avinash Kumar @ Avinash Sahni since 01.07.2021 are in custody respectively.

Having regards to the submissions made by the parties and taking into consideration the material on record and the fact that no incriminating material or fire-arm has been recovered from the possession of these petitioners and the charge-sheet has already been submitted in the matter, I am inclined to grant regular bail to the petitioners.

4/4 Accordingly, let the petitioners, namely, 1. Vikash Kumar (Cr. Misc. No. 42081/2021), 2. Mantu Rai (Cr. Misc. No. 63093/2021), 3. Shatrughan Kumar (Cr. Misc. No. 69580/2021 and 4. Avinash Kumar @ Avinash Sahni (Cr. Misc. No. 70277/2021) be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Vaishali at Hajipur in connection with Lalganj PS Case No. 155/2021.

(Anil Kumar Sinha, J) perwez U T