Patna High CourtCR. MISC./66099/2025bail granted

Arvind Kumar @ Aleksan @ Chondha v. The State Of Bihar

2025-09-17Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66099 of 2025 Arising Out of PS. Case No.-169 Year-2025 Thana- GAYA RAIL P.S. District- Gaya ====================================================== Arvind Kumar @ Aleksan @ Chondha, aged about 20 years, Male, Son of Late Tunnu Manjhi @ Late Tunu Manjhi, resident of Mohalla- Bageshwari Gumti, Bambaba Asthan, Ward No.6, Gayaji, P.S.- Delha, District- Gaya ji. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gaya Rail P.S. Case No. 169 of 2025 instituted for the offences punishable under Section 309(6) of the BNS.

3. As per the prosecution case, four unknown accused persons assaulted the informant and snatched Rs. 85,000/- cash, one golden chain of about 17 gm, Aadhar Card and one mobile phone.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case merely on the basis of mere suspicion. He submits that petitioner is not named in the FIR

Patna High Court CR. MISC. No.66099 of 2025(2) dt.17-09-2025 2/3 and no recovery from the conscious possession of the petitioner. He further submits that during course of investigation the name of the petitioner has been dragged in this case only on the basis of suspicion. He next submits that the petitioner has not put on Test Identification Parade till date. He lastly submits that nothing incriminating articles has been recovered from the conscious possession of the petitioner. Petitioner has got clean antecedent as stated in para 3 of the petition is in custody since 10.06.2025.

5. Learned APP for the State opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned Additional Sessions Judge-II, Gaya dated 22.07.2025, it appears that on the basis of written report of the informant Lal Babu, FIR has been registered under Section 309(6) of the BNS against four unknown accused persons. It also appears that petitioner is not named in the FIR and his name surfaced in this case only on the basis of suspicion. Petitioner has no criminal antecedent and there is no any recovery from the conscious possession of the petitioner. Chargesheet has already been submitted and investigation has already been concluded in this case as submitted by learned counsel for the petitioner and no

Patna High Court CR. MISC. No.66099 of 2025(2) dt.17-09-2025 3/3 Test Identification Parade has been conducted till date, so considering all these aspects of the case and submissions of learned counsel for the petitioner, I am inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner is allowed. Let the petitioner above named be released 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 A.C.J.M., Rail Gayaji in connection with Gaya Rail P.S. Case No. 169 of 2025.

(Ramesh Chand Malviya, J) Anand Kr.