Avinash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74056 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- UCHKAGAON District- Gopalganj ====================================================== Avinash Kumar, Son of Ramesh Prasad Yadav, Resident Of Village- Bhagban Tola, Ps- Uchkagaon, Dist- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the State :
Mr.Pramod Kumar Pandey, APP For the Informant :
Mr. Harsh Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-12-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in a case registered for the offences under Sections 103, 3(5) of the B.N.S., 2023 and Section 27(3) of the Arms Act.
3. The case of the prosecution, according to the informant, is that on 10.01.2025 at 9:20 A.M. the elder brother of the informant namely Arvind Yadav left his house for school on a motorcycle and soon thereafter the informant and one Prabhakar Kumar Yadav also left the house on a motorcycle. It is alleged that when Arvind Yadav reached at the Bathan of Ranjan Sah, the F.I.R. named accused persons started firing with pistol and modern arms. Due to firing, the brother of the
Patna High Court CR. MISC. No.74056 of 2025(3) dt.03-12-2025 2/3 informant got badly injured and received injury on his chest and abdomen and when his brother tried to run away from the place of occurrence, the accused persons further shot him from behind with firearms. When the local people, having heard the sound of firearms reached there, the accused persons fled away from there. The injured was brought to Sadar Hospital, Gopalganj for treatment where the doctor declared him dead.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Informant claims to be an eye-witness to the occurrence and as per F.I.R., named accused persons short dead the brother of the informant but petitioner is not named in the F.I.R. Name of the petitioner transpired during investigation.
5. Learned A.P.P. for the State and the informant vehemently opposed the prayer for anticipatory bail and submitted that though petitioner is not named in the F.I.R. but has got two criminal antecedents.
6. However, considering the aforesaid facts and circumstances, in the event of arrest/surrender before the court below within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.74056 of 2025(3) dt.03-12-2025 3/3 each to the satisfaction of learned District and Additional Sessions Judge-XIV, Gopalganj in connection with Uchkagaon P.S. Case No. 12 of 2025, subject to the condition as laid down under Section 482(2) of the B.N.S.S.
(Prabhat Kumar Singh, J) P.K.P./- U