Avinash Kumar @ Jim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75841 of 2024 Arising Out of PS. Case No.-249 Year-2023 Thana- PUNPUN District- Patna ====================================================== Avinash Kumar @ Jim Son of Harinandan Ram R/o Village - Dularpur, Lakhanpar, P.S.- Punpun, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deovind Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-01-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.
2. The petitioner is apprehending arrest in connection with Punpun P.S. Case No. 249 of 2023, lodged on 10.08.2023, under Sections 341, 323, 324, 307 and 34 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against four named accused persons including the present petitioner. It has been alleged that all the accused persons surrounded the informant and started abusing him. When the informant attempted to flee from the place of occurrence, three of the accused caught hold of him, and the co-accused, namely, Rohit Kumar, assaulted him with a knife in the stomach, causing injuries.
Patna High Court CR. MISC. No.75841 of 2024(2) dt.29-01-2025 2/2
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that the petitioner's name has figured in this case solely because he is a friend of the co-accused, against whom the allegation of assault with a knife has been made. Counsel further submits that there is one criminal case pending against the petitioner, in which a final form has already been submitted.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that both the rejection order and the FIR categorically states that the petitioner along with the other co-accused, caught hold of the informant, preventing him from fleeing the scene, which led to the knife being stabbed into his stomach.
6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected. (Dr. Anshuman, J) Aman Kumar/- U