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Patna High Court

Aayush Kumar @ Aayush RajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.39917 of 2026(3) dt.02-07-2026
                                            3/4




          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.
           Patna High Court CR. MISC. No.39917 of 2026(3) dt.02-07-2026
                                                       4/4




                     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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