Patna High CourtCR. MISC./70656/2025bail granted

Aryan Kumar v. The State Of Bihar

2026-01-28Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70656 of 2025 Arising Out of PS. Case No.-539 Year-2024 Thana- ARARIA District- Araria ====================================================== Aryan Kumar, S/O Suresh Mehta R/O Village- Rupauli, P.S- Ropauli, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Awadhesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Araria P.S. Case No. 539 of 2024 corresponding to Sessions Trial No. 116 of 2025 instituted for the offences under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. Prosecution case, in short, is that, on the alleged date and time, the informant got an information that his brother has been shot by unknown persons. On this information, the informant rushed to the spot and the informant's brother was taken to hospital where he died during course of treatment.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.70656 of 2025(4) dt.28-01-2026 2/3 Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during the course of investigation. The petitioner was not found in the CCTV footage. Except the confessional statement, there is no material against the petitioner to show his involvement in the alleged offence. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.10.2024 and has no criminal antecedent. The co-accused person has already been granted bail by this Court vide order dated 11.08.2025 passed in Cr. Misc. No. 19777 of 2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Araria P.S. Case No. 539 of 2024 corresponding to Sessions Trial No. 116 of 2025, subject to the following conditions:

Patna High Court CR. MISC. No.70656 of 2025(4) dt.28-01-2026 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) manish/- U T