Patna High Court
Aryan Kumar @ Vivek Kumar @ Chhotka Vivek @ AryanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties.
Summary
The petitioner, Aryan Kumar, was arrested in connection with a murder case (Danapur P.S. Case No. 627 of 2024) and alleged violations of Sections 103, 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act. The prosecution alleges that the informant's husband was killed on 12 July 2024, and the petitioner’s name appears only in a confessional statement of a co‑accused, not in the FIR. The petitioner contended that he is innocent, has been falsely implicated, and that other co‑accused have already been granted bail; he has been in judicial custody since 23 May 2025. The State opposed bail, citing three prior criminal cases against the petitioner. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties. Consequently, the petitioner was released on bail pending trial.
Issues considered
- Whether bail should be granted to the petitioner in a murder and arms‑offence case where the only incriminating material is a co‑accused’s confessional statement.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 103, 3(5)
Subjects
- bail
- murder
- Arms Act
- confessional statement
- prior criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11093 of 2026
Arising Out of PS. Case No.-627 Year-2024 Thana- DANAPUR District- Patna
======================================================
Aryan Kumar @ Vivek Kumar @ Chhotka Vivek @ Aryan S/o- Pintu Ray
R/o- Kharanjan Road State Boring P.s- Danapur Dist-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Danapur P.S. Case No. 627 of 2024 registered for the offence
punishable under Sections 103, 3(5) of the B.N.S., 2023 and
Section 27 of the Arms Act.
3. The case of the prosecution in short is that the
marriage of the informant was solemnized in the year 2019 with
one Manoj Kumar @ Jitendra. On 12.07.2024, when the husband
of the informant was returning at 07:00 P.M., it is alleged that
unknown miscreants have killed the husband of the informant.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. He also
Patna High Court CR. MISC. No.11093 of 2026(2) dt.18-02-2026
2/2
submits that the petitioner is not named in the FIR rather his name
has come on the basis of confessional statement of co-accused
namely, Rohit Kumar. Save and except the confessional statement,
there is nothing against the petitioner. He further submits that other
co-accused persons have already been granted bail by this court
vide Cr. Misc. No. 45645 of 2025 and 78197 of 2025. Moreover,
the petitioner is languishing in judicial custody since 23.05.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of three cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned A.C.J.M.-I,
Danapur, Patna in connection with Danapur P.S. Case No. 627 of
2024.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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