Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56088 of 2025 Arising Out of PS. Case No.-703 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== Aman Kumar S/o Ajay Kumar @ Ajay Bhagat Resident of Village- Pakauli, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Shankar Prasad, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-08-2025

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Bidupur P.S. Case no.703 of 2024 registered for the offence punishable under sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita, 2023 and sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, it is stated by the informant that on information having been received about the accused persons having gathered and planning to give effect to an occurrence, a raid was conducted. Seeing the police personnel, the accused persons started to flee away. Three of the accused were arrested while two of them managed to escape. On search, a loaded country made pistol was recovered from the accused who were arrested. It is further stated that on enquiry,

Patna High Court CR. MISC. No.56088 of 2025(2) dt.30-08-2025 2/3 they disclosed the name of the two accused who had managed to escape and which included the petitioner herein.

4. Learned counsel for the petitioner submits that neither the petitioner was arrested at the spot nor any incriminating article recovered from his possession. The only material against him is the statement of a co-accused made before police. The reason for false implication of the petitioner is his antecedent. The petitioner undertakes to cooperate in the investigation/trial.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR, the petitioner not having been arrested at the spot, no incriminating article having been recovered from his possession and the only material against him being the statement of a coaccused made before police, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Bidupur P.S. Case no.703 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.56088 of 2025(2) dt.30-08-2025 3/3 satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur.

(Partha Sarthy, J) Saurabh/- U T