Aman Kumar @ Aman Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32543 of 2025 Arising Out of PS. Case No.-299 Year-2024 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Aman Kumar @ Aman Ram S/o Late Pawan Ram R/o Vill- Belisharay Sadar Hospital Campus, P.S.- Town, Distt- 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. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-05-2025 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.
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 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
Patna High Court CR. MISC. No.32543 of 2025(2) dt.13-05-2025 2/3 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 27.02.2025 and has five criminal antecedents. The co-accused person has already been granted bail by this Court vide order dated 08.05.2025 passed in Cr. Misc. No. 31095 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 to the petitioner.
7.
Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.32543 of 2025(2) dt.13-05-2025 3/3 each to the satisfaction of Court below/concerned Court in connection with Town P.S. Case No. 299 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Raj Kishore/- U T