Hunny @ Bhola v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29879 of 2025 Arising Out of PS. Case No.-213 Year-2024 Thana- LALGANJ District- Vaishali ====================================================== Hunny @ Bhola S/o Madan Lal R/o Mohalla- Prem Nagar Road, Baljeet Nagar, P.S.- Patel Nagar, District- Central Delhi, (New Delhi) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Chandra Gandhi, Adv.
For the Opposite Party/s :
Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Lalganj P.S. Case No. 213 of 2024 instituted for the offences under Section 109 read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25(1-B)(A), 26, 27 and 35 of the Arms Act.
3. As per prosecution case, 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.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.29879 of 2025(2) dt.01-05-2025 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has surfaced in this case in course of investigation of Lalganj P.S. Case No. 207 of 2024 in which both the petitioner and one Pramod Kumar were arrested and their confessional statements were recorded in which both of them confessed their guilt regarding their involvement in the present case as well as in Lalganj P.S. Case No. 207 of 2024. Except the confessional statement, there is nothing adverse against the petitioner in the entire record of the case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner.
The petitioner has no concern with the alleged occurrence. The petitioner has not been put to Test Identification Parade as yet. which creates a serious doubt in the prosecution case. The petitioner has two criminal antecedents and he has been remanded in this case and is languishing in judicial custody since 12.11.2024 without any rhymes or reason.
5. Learned counsel for the petitioner again submits that the co-accused persons have been granted bail by this Court vide order dated 18.03.2025 passed in Cr. Misc. No. 3300 of 2025, 3778 of 2025, 4962 of 2025 and 7636 of 2025.
Patna High Court CR. MISC. No.29879 of 2025(2) dt.01-05-2025 3/3
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature.
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the prayer for bail being based on parity, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Lalganj P.S. Case No. 213 of 2024. (Rudra Prakash Mishra, J) rishi/- U T