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Patna High Court

Aryan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

Aryan Kumar was arrested in connection with a shooting case (Araria PS Case No. 539 of 2024, Sessions Trial No. 116 of 2025) alleged under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The prosecution’s case is based on an informant’s report of a brother’s death and a confessional statement of a co‑accused; the petitioner’s name does not appear in the FIR, he is absent from CCTV footage, and no other material links him to the offence. The petitioner, who has been in custody since 23‑Oct‑2024 and has no prior criminal record, contended that he was falsely implicated. The State opposed bail. Considering the lack of substantive evidence, the petitioner’s prolonged custody, and the fact that a co‑accused had already been bailed, the Court granted bail with a bond of Rs. 15,000 and two sureties, subject to conditions of family surety, regular appearance, and non‑tampering with evidence or witnesses.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita and the Arms Act.
  • Whether the lack of direct evidence (absence from FIR, CCTV, and other material) justifies bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • evidence
  • custody
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70656 of 2025
                        Arising Out of PS. Case No.-539 Year-2024 Thana- ARARIA District- Araria
                 ======================================================
                 Aryan Kumar, S/O Suresh Mehta R/O Village- Rupauli, P.S- Ropauli, Distt.-
                 Purnea.
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Alok Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Awadhesh Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   28-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Araria

                   P.S. Case No. 539 of 2024 corresponding to Sessions Trial No.

                   116 of 2025 instituted for the offences under Sections 103(1),

                   3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the

                   Arms Act.

                                3. Prosecution case, in short, is that, on the alleged

                   date and time, the informant got an information that his brother

                   has been shot by unknown persons. On this information, the

                   informant rushed to the spot and the informant’s brother was

                   taken to hospital where he died during course of treatment.

                                4. Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.70656 of 2025(4) dt.28-01-2026
                                            2/3




          Petitioner is not named in the F.I.R. The name of the petitioner

          transpired in this case during the course of investigation. The

          petitioner was not found in the CCTV footage. Except the

          confessional statement, there is no material against the

          petitioner to show his involvement in the alleged offence. It has

          been submitted on behalf of the petitioner that the petitioner is

          in custody since 23.10.2024 and has no criminal antecedent. The

          co-accused person has already been granted bail by this Court

          vide order dated 11.08.2025 passed in Cr. Misc. No. 19777 of

          2025.

                       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, claim based on parity as also the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Araria P.S. Case No.

          539 of 2024 corresponding to Sessions Trial No. 116 of 2025,

          subject to the following conditions:
           Patna High Court CR. MISC. No.70656 of 2025(4) dt.28-01-2026
                                                       3/3




                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.

                                  (III) If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to move

                     for cancellation of bail.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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