Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74684 of 2022 Arising Out of PS. Case No.-43 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Avinash Kumar S/O Ram Babu Singh Resident Of Village- Rajaura, Pachhiyari Tola, P.S.- Muffasil, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Muffasil P.S. Case No. 43 of 2022 registered under section 414 of the Indian Penal Code and 25(1-B)a, 26 and 35 of the Arms Act. Prosecution case relates to recovery of one country made loaded pistol, two live cartridges and one mobile have been recovered from the possession of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case at the instance of his enemies of the village. It is further submitted that there is no

Patna High Court CR. MISC. No.74684 of 2022(2) dt.24-03-2023 2/2 independent witnesses of the seizure list. He has no concern either with the seized arms or with the alleged offence. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 18.10.2022 in Cr. Misc. No. 40632 of 2022. The petitioner is languishing in judicial custody since 25.01.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Muffasil P.S. Case No. 43 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Begusarai. (Sunil Kumar Panwar, J) shubham/- U T