Patna High Court
Avinash Kumar @ Jim @ Abhinash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
Regular bail was granted to the petitioner.
Summary
The petitioner, Avinash Kumar, was arrested in connection with a case registered under Sections 341, 323, 324, 307 and 34 of the Indian Penal Code, alleging that he, along with co‑accused, inflicted knife wounds on Rohit Kumar. The petitioner claimed innocence, stating that the alleged principal assailant Rohit Kumar had already been granted bail and that he was falsely implicated. The State opposed the bail application. After hearing both sides, the court considered the petitioner's custody since 18‑07‑2025, the lack of direct evidence against him, and the bail already granted to the co‑accused. The court ordered that the petitioner be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions of cooperation and availability for trial.
Issues considered
- Whether the petitioner is entitled to regular bail in a case involving offences under Sections 341, 323, 324, 307 and 34 of the IPC.
Legislation cited
- Indian Penal Code — s. 307, 323, 324, 34, 341
Subjects
- regular bail
- Indian Penal Code
- criminal procedure
- section 341
- section 323
- section 324
- section 307
- section 34
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66518 of 2025
Arising Out of PS. Case No.-249 Year-2023 Thana- PUNPUN District- Patna
======================================================
Avinash Kumar @ Jim @ Abhinash Kumar S/O Harinandan Ram @ Har
Nandan Ram R/O Village- Dularpur, P.O.- Lakhanpur, P.S.- Punpun, Distt.-
Patna
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jay Ram Prasad
For the Opposite Party/s : Mr.Satyendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 31-01-2026 Heard the learned counsel for the petitioner as well
as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Punpun P.S. Case No. 249 of 2023, registered for the
offences punishable under Sections 341, 323, 324, 307/34 of the
Indian Penal Code.
3. According to allegation, the petitioner, along with
co-accused Dharmendra Kumar, Avinash Kumar @ Jin and
Ravish Kumar, caught hold of the injured and co-accused Rohit
Kumar inflicted knife blows at his abdomen.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. He has further submitted that the petitioner is not the
assailant and co-accused Rohit Kumar, against whom there is
Patna High Court CR. MISC. No.66518 of 2025(5) dt.31-01-2026
2/2
allegation of inflicting knife blows, has already been granted
bail by the learned court below. The petitioner has been in
custody since 18.07.2025.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release
the petitioner on bail on furnishing bail bonds of Rs.10,000/-
with two sureties of the like amount each to the satisfaction of
learned SDJM, Masaurhi/concerned court in connection with
Punpun P.S. Case No. 249 of 2023, subject to the following
conditions that the petitioner shall cooperate in the disposal
of trial and make himself available as and when required by the
court.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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