Aayush Raj @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4373 of 2025 Arising Out of PS. Case No.-213 Year-2024 Thana- LALGANJ District- Vaishali ====================================================== Aayush Raj @ Chandan Kumar S/o Sanjay Prasad Sah @ Sanjay Kumar Sah R/o Village- Agarpur, PS- Lalganj, Distt- Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Om Prakash Om For the Opposite Party/s :

Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-03-2025 As pointed out by the office, injury report has not been received as yet.

2. Learned counsel for the petitioner referring to order dated 18.03.2025 passed in Cr. Misc. No. 3300 of 2025 and its analogous cases passed by this Court submits that on the basis of submission of learned counsel for the petitioner that no injury has been caused to the informant, the bail of the petitioners were considered and were granted bail.

3. Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

4. The petitioner seeks bail in Lalganj P.S. Case No. 213 of 2024, instituted for the offences punishable under Sections 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 25(1-B)(a), 27, 26 and 35 of the Arms Act.

Patna High Court CR. MISC. No.4373 of 2025(3) dt.24-03-2025 2/3

5. The prosecution case, in short, is that, some unknown miscreants intercepted the informant and opened fire upon him but somehow he managed to save himself. It is further alleged that earlier Rs. 1,00,00,000/- was demanded as Rangdari from the informant.

6. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement made by co-accused persons and the same has got no evidentiary value. No specific allegation has been attributed against the petitioner, rather the same is general and omnibus in nature. It is next submitted that no arms have been recovered from the possession of the petitioner. No injury has been caused to the informant. The petitioner has been remanded in this case on 12.11.2024 in connection with Lalganj P.S. Case No. 207 of 2024 and has got one criminal antecedent in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted regular bail by this Court

Patna High Court CR. MISC. No.4373 of 2025(3) dt.24-03-2025 3/3 vide order dated 18.03.2025 passed in Cr. Misc. No. 3300 of 2025.

7. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

8. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

9. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lalganj P.S. Case No. 213 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T