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Patna High CourtCR. MISC./11687/2025bail granted

Ayush Raj Thakur @ Ayush Kumar Thakur v. The State Of Bihar

2025-03-05Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11687 of 2025 Arising Out of PS. Case No.-340 Year-2024 Thana- BUXAR District- Buxar ====================================================== Ayush Raj Thakur @ Ayush Kumar Thakur, Son of Vinod Thakur, Resident of House No. 127, Gangauli, P.S. - Simri, District -Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Buxar (Town) P.S. Case No. 340 of 2024 dated 28.06.2024 instituted for the offence punishable under Sections 307/34 of the Indian Penal Code and under Section 27 of the Arms Act.

3. The prosecution case, in short, is that the informant, who is ASI, received information that firing has been made between two groups due to some dispute at Veer Kunwar Singh Colony, near Radiant School. Upon such information, he reached near the place of occurrence and inquired about the occurrence, where he was informed that two groups; one of Aditya @ Kaushal along with 3-4 unknown friends and another of Ayush Raj Thakur (petitioner) along with other persons

Patna High Court CR. MISC. No.11687 of 2025(2) dt.05-03-2025 2/3 gathered to mediate over some previous dispute and during the same, an altercation broke out between them and both groups opened firing upon each other and on seeing the police, they fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that as per the F.I.R., the petitioner is the leader of one group while Co-accused, namely, Aditya @ Kaushal @ Aditya Raj is the leader of another group. It is submitted that the F.I.R. has been lodged only on the basis of suspicion. It is apparent from the F.I.R. that no one has received any injury in the alleged occurrence. No incriminating articles has been recovered from the place of occurrence. The said Aditya @ Kaushal @ Aditya Raj has been granted bail vide order dated 23.10.2024 passed by this Court in Criminal Miscellaneous No. 71775 of 2024. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of

Patna High Court CR. MISC. No.11687 of 2025(2) dt.05-03-2025 3/3 six weeks from today, in connection with Buxar (Town) P.S. Case No. 340 of 2024, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T