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2025 DAILYLAW 94929 (PAT)

Avinash Kumar v. The State of Bihar

CR. APP (SJ)/624/2025 · 2025-04-04

Sandeep Kumar

Criminal Appealbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.624 of 2025 Arising Out of PS. Case No.-320 Year-2018 Thana- BAHADURPUR District- Patna ====================================================== Avinash Kumar S/o Sunil Mishra R/o Driver Hut, Mandu P.S.- Mandu Barughuttu, Ramgarh, District- Ramgarh, Jharkhand ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Amarjit Manjhi S/o Late Shankar Manjhi R/o Village - Darhan Chapra, P.S.- Udwant Nagar, Dist.- Bhojpur, Presently R/o Rajendra Nagar, Road No.13B, Mushahari, P.S.- Bahadurpur, District- Patna ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Ramchandra Singh For the Respondent/s : Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 04-04-2025 Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State. 2. The appellant seeks bail in connection with Bahadurpur P.S. Case No. 320/2018 registered for the offence punishable under Sections 307/302/34 of the Indian Penal Code and Section 27 of the Arms Act and Section 3(2)(v) of the SC/ST Act. The petitioner is in jail since 01.10.2024 and he claims to have clean antecedent. 3. One Shivam Kumar has fired upon the deceased. The appellant is said to have caught hold of the deceased. 4. It is not possible that when a person is firing upon the deceased, the deceased will be caught by 2-3 persons. The Patna High Court CR. APP (SJ) No.624 of 2025(3) dt.04-04-2025 2/2 appellant is in jail since 01.10.2024 and he claims to have clean antecedent. 5. Considering the period of custody, let the appellant above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST Act, Civil Court (Sadar)/Patna/ concerned court in connection with Bahadurpur P.S. Case No. 320/2018. 6. The appellant is directed to mark his attendance in Mandu Barughuttu police station, Ramgarh, Jharkhand on every Sunday of the month. Failure to do so, will result in cancellation of bail bond of the appellant. 7. The appellant will co-operate in the trial. Saif/- (Sandeep Kumar, J) U T