Patna High Court
Aayush Kumar @ Aayush RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, finding insufficient grounds for his arrest.
Summary
The petitioner, Aayush Kumar, a 19‑year‑old with a clean record, was implicated in a FIR alleging extortion of Rs.10 lakhs and firing at his cousin’s vehicle, resulting in a leg injury to the informant. The petitioner contended that the injury was caused by a blunt object, not a firearm, and that the informant fabricated the allegations due to a property dispute. The investigating officer produced the injury report supporting the petitioner’s claim of a simple injury. The State opposed the anticipatory bail, while the petitioner sought relief under Section 438 of the Cr.P.C. and Section 482 of the B.N.S.S. After hearing both sides, the court granted anticipatory bail, subject to a bail bond and sureties, and dispensed with the personal appearance of the investigating officer.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. given the allegations of extortion and firing
- Whether the injury report indicating a simple blunt‑force injury undermines the prosecution’s case and shows false implication
Legislation cited
- Arms Act — s. 27
- B.N.S.S. — s. 109, 126(2), 308(3), 3(5), 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- false implication
- extortion
- firearm injury
- Section 438 CrPC
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39917 of 2026
Arising Out of PS. Case No.-103 Year-2025 Thana- Vasudevpur District- Munger
======================================================
Aayush Kumar @ Aayush Raj S/o Late Shankar Singh @ Shankar Kumar
Singh Resident of village - Mohanpur, P.S.- Chautham, Distt.- Khagaria, at
present Mohalla - Basant Vihar Colony (Mogal Bazar), P.S.- Basudeopur,
Distt.- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Kamal Nayan, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 02-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
109, 308(3) and 3(5) of the BNS as well as Section 27 of the
Arms Act.
3. The Investigating Officer of the case, in
compliance of the order dated 30.06.2026, is present in the
Court.
4. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a young boy
aged about 19 years and the informant alleges that he along with
his father, uncle and brother had gone to the house of his uncle
(Phupha) on 31.08.2025, where petitioner was also present from
Patna High Court CR. MISC. No.39917 of 2026(3) dt.02-07-2026
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before. Further, while talk was going on, when petitioner
demanded extortion of Rs.10 lakhs and threatened that if
extortion is not paid, the consequences would be bad. However,
the informant along with his family members left the place but
petitioner along with unknown accused chased their car and
fired on account of which informant suffered firearm injury on
leg and two bullets hit the car.
5. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that
informant has not disclosed his relationship with the petitioner.
It is next submitted that petitioner and the informant are cousin
and are having dispute relating to property. It is also submitted
that though, it is alleged that petitioner along with others fired
causing firearm injury to the informant on his leg but then a
specific pleading has been made at para 12 of the anticipatory
bail application that the nature of injury is simple caused by
hard and blunt substance which amply demonstrates that
informant in order to give seriousness to the case falsely alleged
that petitioner fired causing firearm injury. It is further
submitted that it was in this background that the Investigating
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Officer of the case was called along with a copy of the injury
report.
6. On query of the Court from the learned A.P.P. with
the regard to the injury, learned A.P.P. after perusing the injury
report submits that the Doctor has opined the injury to be simple
caused by hard and blunt substance on which learned counsel
appearing on behalf of the petitioner submits that this amply
demonstrates the false implication of the petitioner by the
informant. It is further submitted that it absolutely does not
stand to reason that as to why the petitioner who is cousin of the
informant would have demanded extortion of Rs.10 lakhs at the
residence of his uncle where informant along with his family
members had come.
7. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
8. After hearing the learned counsel for the parties, let
the petitioner, above-named, in the event of his arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Trial Court where the case
is pending/Successor Court in connection with Basudeopur P.S.
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Case No. 103 of 2025, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
9. The personal appearance of the Investigating
Officer of the case is dispensed with.
(Satyavrat Verma, J)
Kundan/-
U T
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