Avinash Singh @ Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75314 of 2024 Arising Out of PS. Case No.-89 Year-2021 Thana- DHOLBAJJA District- Bhagalpur ====================================================== Avinash Singh @ Avinash Kumar Son of Santan Singh @ Sattan Singh R/OGuruthan, Kadwa, Dholbajja, Distt.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-03-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code. 3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that accused persons including the petitioner, in absence of informant and his family members, came to his house, when children were alone and Sattan uprooted the pillar which was objected by the children, when Ashish assaulted Devta Kumari by an iron rod causing injury on her head, thereafter Bakul assaulted Ankit by bamboo causing injury on his head and he became unconscious, further petitioner and Bakul assaulted

Patna High Court CR. MISC. No.75314 of 2024(2) dt.05-03-2025 2/3 Niranjan causing injury on hand and back, on alarm informant and his wife came when Sattan and his wife assaulted the wife of the informant namely Anju by lathi on leg and hand, thereafter injured were taken to hospital.

4.

The learned counsel for the petitioner next submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that police after threadbare investigation came to a considered conclusion that petitioner is innocent and thus submitted final form exonerating him of the allegations, but then the learned Magistrate, differing with the police report, took cognizance, as such, the petitioner apprehends his arrest. The learned counsel thus submits that when one investigating agency based on a threadbare investigation came to a considered conclusion that petitioner is innocent, whether it would be prudent for the court to send the petitioner to jail based on an order of cognizance which came to be taken based on the same investigation report which exonerated the petitioner of the allegations. 5.

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

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the

Patna High Court CR. MISC. No.75314 of 2024(2) dt.05-03-2025 3/3 event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dholbajja (Kadwa) P.S. Case No. 89 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T