Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33832 of 2025 Arising Out of PS. Case No.-33 Year-2025 Thana- MANSI District- Khagaria ====================================================== Aman Kumar son of Tejo Yadav Resident of Village -Amani PS-Mansi, District -Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Singh, Adv For the Opposite Party/s :

Mr.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-05-2025 Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner makes a prayer for grant of regular bail in a case registered for the offences punishable under Sections 111,109, 3(5) of BNSS and section 27 of the Arms Act.

3. The allegation in the FIR is that the informant, who is S.I, received an information on 26.02.2025 that firing was going on in a Yadav Tola and on inspection of the place of the incident, an empty cartridge was recovered.

4. Learned counsel for the petitioner submits that it would be apparent from the FIR itself, that from inquiry from the people of the place of occurrence, the name of three persons including the present petitioner has surfaced in this case and it was stated that with regard to some earlier enmity between the

Patna High Court CR. MISC. No.33832 of 2025(2) dt.27-05-2025 2/3 parties firing was going on, at each other. It is further submitted that besides this information given by the local people there is no other material to connect the petitioner in the present case. It has also been pointed out that the FIR, had been lodged after delay of one day and further as a matter of fact, there is no eye witness to the occurrence and no one has sustained any injury in the alleged incident. In such view of the matter, it has been submitted on behalf of the petitioner that no case under section 109 of the BNS would be made out in the facts of the case. The petitioner is in custody since 28.02.2025 and the charge sheet has been submitted.

5. The learned APP opposes the prayer for bail on the ground that the petitioner is accused in five other criminal cases however, it has been submitted that the petitioner is on bail in all the cases.

6. Considering the aforesaid facts and circumstances and also considering the fact the petitioner is in custody since 28.02.2025 , let the above named petitioner shall be enlarged on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/ successor court in Mansi P.S. Case No.33 of 2025, subject to the following

Patna High Court CR. MISC. No.33832 of 2025(2) dt.27-05-2025 3/3 conditions:-.

(i) One of the bailors shall be the close relative/ family member of the petitioner.

(ii) It is however directed that the petitioner shall co-operate in the trial and shall physically remain present on each and every date fixed by the trial court till framing of charge. In case of default in such appearance on two consecutive dates, without sufficient reasons, the trial court shall have liberty to cancel the bail bonds of the petitioner.

(Soni Shrivastava, J) N.K/- U T