Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77758 of 2023 Arising Out of PS. Case No.-144 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== AVINASH KUMAR SON OF LATE MANTU RAI @ NANTUR RAI @ NANTU RAY RESIDENT OF VILLAGE- MAJHAULI, PS- BIDUPUR, DISTT- VAISHALI AT HAJIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudha For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 14-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Bidupur P.S. Case No.144 of 2023 registered for the offence under Sections 399, 402, 413, 414, 467, 468, 471 and 120(B) of the Indian Penal Code and Sections 25(1-b) a, 26 and 35 of the Arms Act 3.

As per FIR, one country made pistol was recovered.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that no overtact has been attributed against this petitioner and no incriminating

Patna High Court CR. MISC. No.77758 of 2023(3) dt.14-03-2024 2/3 material has been recovered from his possession. It is also submitted that similarly situated co-accused person has already been granted bail by this Court through Cr. Misc. No. 10228 of 2024. It is further submitted that petitioner is in custody since 08.03.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Bidupur P.S. Case No.144 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Vaishali at Hajipur.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every

Patna High Court CR. MISC. No.77758 of 2023(3) dt.14-03-2024 3/3 date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T