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Patna High Court

Aryan Kumar @ Vivek Kumar @ Chhotka Vivek @ AryanversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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