Hemant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61438 of 2025 Arising Out of PS. Case No.-37 Year-2025 Thana- VAINI District- Samastipur ====================================================== Hemant Kumar S/o Ajay Sah R/o Village- Jahangirpur, P.S.- Sakra, DistrictMuzaffarpur, (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 17-11-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. A prayer for bail has been made on behalf of the petitioner in connection with Vaini P.S. Case no.37 of 2025 registered under sections 308(3), 308(5), 109(1) and 3(5) of the B.N.S, 2023 and Section 27 of the Arms Act.

3. As per the prosecution case, the informant states that she was shot at by two persons, who were pillion riders while the petitioner was driving the said vehicle, however, the same mis-fired and accused Aman Kumar threatened the informant of dire consequence.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession. It would be apparent from the F.I.R itself that the petitioner was the person who was driving the motorcycle and there is no allegation against him of resorting to any firing and the same is against other accused persons. Further, allegation of

Patna High Court CR. MISC. No.61438 of 2025(4) dt.17-11-2025 2/2 threatening is also on co-accused Aman Kumar and not the petitioner. It is further pointed out that no injury has been caused to the informant in the said occurrence and even after the arrest of the petitioner, no T.I.P has been held. The petitioner is in custody since 17.06.2025 and undertakes to cooperate in the case/trial. Charge-sheet has been submitted in the case.

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

6. Taking into consideration the above mentioned facts of the case and also considering the fact that there is no specific allegation of firing upon the petitioner and no injury has been caused to the informant and petitioner is in custody since 17.06.2025, the petitioner is directed to be enlarged on bail in connection with Vaini P.S. Case no.37 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned where the case is pending/ successor Court. (Soni Shrivastava, J) Harsh/- U T