Patna High Court
Aryan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
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
Checking your session…