Allowed

Avinash Kumar Garg @ Sonu v. The State of Bihar

Patna HC2 May 2024CR. MISC./19082/2024

Case brief

AI extract

What is this about?

Allowed the petitioner's prayer for regular bail in a case involving offences under IPC Sections 394, 302, 307 and Arms Act Section 27, directing release on furnishing bail bond and two sureties after framing of charge.

What did the court decide?

The petitioner is directed to be released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each after framing of charge.

Avinash Kumar Garg @ Sonu Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19082 of 2024

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Arising Out of PS. Case No.-244 Year-2023 Thana- DARBHANGA SADAR District-

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Darbhanga

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======================================================

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Avinash Kumar Garg @ Sonu S/O Shyam Kumar Thakur R/O Raghauli, P.S.Bisfi, District-Madhubani, Bihar.

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... ... Petitioner/S

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Versus

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The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sumit Shekhar Pandey For the Opposite Party/s : Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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3 02-05-2024

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 394, 302, 307 of the Indian Penal Code and Section 27 of Arms Act.

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As per prosecution case, some unknown miscreants stopped the vehicle of the informant with an intention to commit dacoity and opened fire upon the brother-in-law of the informant due to which he succumbed to fire arm injuries.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Neither the petitioner is named in F.I.R. nor anything incriminating has been recovered from his conscious possession. His name sprang up

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Patna High Court CR. MISC. No.19082 of 2024(3) dt.02-05-2024 2/2

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during investigation of this case. He has falsely been implicated in this case. Moreover, similarly situated several co-accused persons have already been granted bail by this Court. Moreover, the petitioner is languishing in judicial custody since 07.05.2023.

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Learned APP appearing for the state has opposed the prayer of regular bail.

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Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail, after framing of charge, if not framed, in connection with Sadar P.S. Case No. 244 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge III, Darbhanga.

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(Sunil Kumar Panwar, J)

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sushma/-

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U T

Avinash Kumar Garg @ Sonu v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Avinash Kumar Garg @ Sonu v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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