Aman Raj @ Aman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46421 of 2025 Arising Out of PS. Case No.-118 Year-2024 Thana- SIGAUDI District- Patna ====================================================== Aman Raj @ Aman Kumar, Son of Akhilesh Kumar @ Akhilesh Singh, R/o Village-Parsa, P.S.- Naubatpur, District- Patna ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Samrendra Kumar Jha, Advocate For the Opposite Party/s :
Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection with Sigaudi P.S. Case No.118 of 2024 registered for the offences punishable under Sections 115(2), 117(2), 118(2), 109(1), 352 read with 3(5) of the Bhartiya Nyaya Sanhita (for short 'B.N.S.') and Section 27 of the Arms Act but later on, Sections 103 read with 3(5) of the BNS was added.
3. The accused/petitioner is not named in the FIR and is in custody since 21.02.2025.
4. As per FIR, some unknown miscreants opened fire upon husband of the informant, who, later on, succumbed to his injuries while treating at AIIMS, Patna. Others also received injuries.
2/4
5. It is submitted by learned counsel appearing for the petitioner that during investigation one Afroz Alam was apprehended on the basis of suspicion, who in police custody, confessed his involvement in present occurrence along with Faijal @ Kittu @ Faijal Niyaji, who assaulted Md. Sahjad Mukhiya, the husband of the informant. It is pointed out that on the basis of confessional statement of said co-accused Faijal @ Kittu @ Faijal Niyaji, the name of petitioner has been transpired during investigation, in furtherance of which, no incriminating material recovered/surfaced as to connect him with present crime in question. In support of this submission, learned counsel further submitted that in fact the petitioner was remanded in this case from Naubatpur P.S. Case No.632 of 2024.
It is further submitted that co-accused Faijal @ Kittu @ Faijal Niyaji has already granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No.36685 of 2025 dated 06.08.2025. While concluding argument, it is submitted that investigation of this case is already completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.
3/4 cases, in one case i.e. Bihta (Neura O.P.) P.S. Case No.427 of 2022, the police after investigation submitted final form against petitioner, whereas in remaining three cases, petitioner is on bail in two cases, the details of which is available in para-3 of the present bail petition.
6. Learned APP opposed the prayer for grant of bail to the petitioner.
7. In view of aforesaid factual submissions and by taking note of fact as except suspicion arising out of confessional statement of co-accused, nothing incriminating appears against petitioner during investigation as to connect petitioner prima facie with present crime in question, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 21.02.2025 accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Danapur, Patna in connection with Sigaudi P.S. Case No.118 of 2024, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short
4/4 'CrPC')/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS') and with further conditions:- (i) That petitioner shall co-operate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical ground of the petitioner duly supported by the documents.
(ii) That the petitioner shall not make any deliberate attempt to delay the trial failing which, the State/informant shall be at liberty to press petition before the learned trial court itself for cancellation of bail bonds of the petitioner, which be decided in accordance with law after giving an opportunity of hearing to the petitioner.
(Chandra Shekhar Jha, J.) Sanjeet/- U T