Aryan Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90078 of 2024 Arising Out of PS. Case No.-744 Year-2024 Thana- JAHANABAD District- Jehanabad ====================================================== Aryan Raj S/O Ran Vijay Kumar Resident of VIllage- Lakhawar, P.S.- Ghosi, District- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahboob Ashraf, Advocate For the Opposite Party/s :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Jehanabad (Karauna) P.S. Case No. 744 of 2024 instituted for the offences under Sections 310(4), 310(5) of the Bharatiya Nyaya Sanhita, 2023 and 25(1-B)(i), 26, 35 of the Arms Act.
3. Prosecution case, in short, is that, police, on the basis of secret information that some miscreants were planning to commit loot, raided the place of occurrence and apprehended three accused persons whereas two accused persons including this petitioner managed to flee away. On search, a country-made katta, one live cartridge, mobiles were recovered from coaccused persons.
Patna High Court CR. MISC. No.90078 of 2024(2) dt.09-01-2025 2/3
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner was not arrested on the spot and his name has transpired in this case on the basis of confessional statement of the co-accused person who was apprehended on the spot. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is nowhere involved in the present case. Learned counsel furthers submitted that the recovery of arms and ammunitions has been made from other accused persons who were apprehended on the spot and he has no concern with them. The co-accused person has already been granted bail by this Court vide order dated 11.1.2.2024 passed in Cr. Misc. No. 86202 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.09.2024 and has no criminal antecedent.
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, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.90078 of 2024(2) dt.09-01-2025 3/3
7. Let the petitioner 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 Court below/concerned Court in connection with Jehanabad (Karauna) P.S. Case No. 744 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T