Aaditya Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31095 of 2025 Arising Out of PS. Case No.-299 Year-2024 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Aaditya Kumar S/o Late Baharan Ram @ Rajkumar Ram R/o VillageBelisharay Sadar Hospital Campus, P.S.- Town, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Town P.S. Case No. 299 of 2024 instituted for the offences under Sections 307, 326, 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. Earlier vide order dated 16.12.2024 passed in Cr. Misc. No. 86939 of 2024, the prayer for grant of anticipatory bail to the petitioner was rejected. The present application is the first one for grant of regular bail.
3. Prosecution case, in short, is that all the co-accused persons including the petitioner have fired upon the informant, who was sitting with his mother at 'Braham Baba Asthan' with
Patna High Court CR. MISC. No.31095 of 2025(2) dt.08-05-2025 2/3 the intention to kill. In the meantime, mother of the informant got injured by firearm injury, thereafter, she was taken up for treatment.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Name of the petitioner has been unnecessarily roped at the end of the FIR at the instance of enemies. Learned counsel further submitted that altogether eight persons are named in the FIR and the mother of the informant has sustained only one injury and the said injury is not attributed to the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.02.2025 and has one criminal antecedent. The co-accused person has already been granted bail by this Court vide order dated 24.01.2025 passed in Cr. Misc. No. 3202 of 2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail
Patna High Court CR. MISC. No.31095 of 2025(2) dt.08-05-2025 3/3 to the petitioner.
7. Let the petitioner 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 Town P.S. Case No. 299 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T