Anirudh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37240 of 2025 Arising Out of PS. Case No.-413 Year-2025 Thana- MAHUA District- Vaishali ====================================================== Anirudh Kumar S/o- Late Pradeep Kuwar Village- Karihan Ps- Mahua DistVaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Mahua P.S. Case No. 413 of 2025, lodged on 29.03.2025 under Sections 126(2), 109, 351, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 & Section 27 of the Arms Act.
3. As per the prosecution, F.I.R. has been lodged against five named accused persons, alleging that when the informant, along with others, was on his way to meet the ExPACS Chairman and was returning on a motorcycle, around 6:00 to 7:00 PM in the evening, four persons riding on two motorcycles opened fire on him, discharging five rounds. The informant has alleged that he sustained a gunshot injury on the left side of his chest. Subsequently, he disclosed the names of the persons who allegedly fired upon him. It has further been
Patna High Court CR. MISC. No.37240 of 2025(3) dt.06-08-2025 2/3 alleged that the petitioner assisted the accused persons by acting as a liner. The cause of the dispute is said to be a piece of land, and the informant has also stated that even prior to this incident, there had been firing on him.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the criminal antecedent of the petitioner is clean and he has been in custody since 30.03.2025 without any fault on his part. He also submits that the case diary has been called for, and in the case diary, independent witnesses have stated that at the time of the occurrence, the present petitioner, who is a retired Army man, had come to his house to extract milk from his cattle. The independent witnesses have further stated that the petitioner is a retired Army man, his wife is a teacher in a Government school, and he is a person of clean antecedents who has been unnecessarily implicated in the present case. These statements have been recorded in the case diary in paragraph numbers 21, 22, 23, and 24.
5. Learned APP for the State opposes the prayer for bail but fairly submits that the independent witnesses have made statements regarding the present petitioner and have indicated his innocence.
Patna High Court CR. MISC. No.37240 of 2025(3) dt.06-08-2025 3/3
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of C.J.M., Vaishali at Hajipur, in connection with Mahua P.S. Case No. 413 of 2025, subject to the following conditions as laid down under Section 480(3) of the BNSS.
(Dr. Anshuman, J.) Aman Kumar/- U T