Avinash @ Avinash Kumar @ Chiki @ Chanki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3314 of 2025 Arising Out of PS. Case No.-1534 Year-2023 Thana- DANAPUR District- Patna ====================================================== Avinash @ Avinash Kumar @ Chiki @ Chanki Son of Ashok Kumar @ Ashok Kumar Gupta Resident of Bacchu Yadav ke Makan Me Kirayedar, Chai Tola Barudi Gali, Police Station- Danapur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-04-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with S. Trial No. 856 of 2024 arising out of Danapur P.S. Case No. 1534 of 2023 instituted for the offences under Sections 302, 34 of the Indian Penal Code and 27 of the Arms Act.

3. Prosecution case, in short, is that police, on information, recovered one dead body from a closed and dilapidated house near Swastik mill.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of

Patna High Court CR. MISC. No.3314 of 2025(4) dt.11-04-2025 2/3 the co-accused namely Dabloo Lohar. No specific overt act is alleged against the petitioner. There is no eye-witness to the alleged occurrence. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.12.2023 and has three criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that as per paragraph no. 66 of the case diary this petitioner has himself confessed his guilt and specifically stated the manner in which the accused persons including the petitioner committed the murder of the deceased. Learned APP further submitted that prayer for grant of bail to the co-accused person has already been rejected by this Court vide order dated 03.12.2024 passed in Cr. Misc. No. 64570 of 2024.

6. Considering the aforesaid facts and circumstances of the case as also there being ample material against the petitioner in the case diary to show his active participation in the alleged occurrence, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

Patna High Court CR. MISC. No.3314 of 2025(4) dt.11-04-2025 3/3

8. Learned Trial Court is directed to expedite the trial. (Rudra Prakash Mishra, J) Alok Verma/- U T