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Patna High Court

Aryan Raj @ Chhotu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner with conditions, after framing of charge, if not already done.

Summary

The petitioner, Aryan Raj, sought bail in a case under Sections 25(1)-b,a, 26 and 35 of the Arms Act, alleging false implication and lack of incriminating material in his possession. The prosecution alleged that the petitioner and co‑accused extorted money from a police informant and fired at him, leading to the recovery of arms. The petitioner argued that the arms were kept by a friend, he had been in custody since 15‑06‑2025, and there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the facts, the period of custody, and the absence of strong evidential material, the court inclined to grant bail subject to a cash bond and sureties, and imposed conditions of appearance, non‑tampering with evidence, and a family member as a bailor.

Issues considered

  • Whether bail should be granted to the accused under the Arms Act offences.
  • Whether the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
  • Whether the presence of prior criminal antecedents and the seriousness of the alleged extortion affect bail eligibility.

Legislation cited

Subjects

  • bail
  • Arms Act
  • Section 103
  • Bharatiya Nagarik Suraksha Sanhita
  • extortion
  • surety
  • criminal antecedents
  • evidence tampering

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77035 of 2025
                         Arising Out of PS. Case No.-134 Year-2025 Thana- DELHA District- Gaya
                 ======================================================
                 Aryan Raj @ Chhotu Yadav Son of Shankar Yadav Vill -Bairagi, Ward No 10,
                 PS- Delha, Dist -Gaya ji
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Priya Ranjan, Advocate
                 For the Opposite Party/s :       Mr.Manoj Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   02-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                               2. The petitioner seeks bail in connection with Delha

                   P.S. Case No. 134 of 2025, instituted for the offences under

                   Sections 25(1)-b,a 26 and 35 of the Arms Act.

                               3. Prosecution case, in short, is that informant received

                   information that accused of Delha P.S. Case No. 112 of 2025

                   was roaming near Bahera Bigha. Thereafter, informant along

                   with other Police personnel reached there and apprehended the

                   petitioner. The petitioner disclosed that informant of Delha P.S.

                   Case No. 112 of 2025 was constructing sewage and the

                   petitioner and co-accused persons have demanded extortion

                   money from him and when he refused then they fired, which hit

                   on his door.
Patna High Court CR. MISC. No.77035 of 2025(3) dt.02-02-2026
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                        4. Learned counsel for the petitioner submitted that the

          petitioner has falsely been implicated in the present case.

          Charge-Sheet has been submitted in this case. He further

          submitted that nothing incriminating has been recovered from

          the conscious possession of the petitioner. He further submitted

          that petitioner has not kept the said arms at the place of recovery

          rather his friend has kept the same. It has been submitted on

          behalf of the petitioner that the petitioner is in custody since

          15.06.2025 and has six criminal antecedents. There is no

          compliance of Section 103 of the Bharatiya Nagarik Suraksha

          Sanhita, 2023.

                        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, 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, after framing

          of charge, if not already framed, 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 Delha P.S. Case No.

          134 of 2025, subject to the following conditions:
           Patna High Court CR. MISC. No.77035 of 2025(3) dt.02-02-2026
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                                  (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 prosecution will have liberty to move for

                     cancellation of bail.

                                  (III) The petitioner will not tamper with the evidence

                     or the witnesses during the trial.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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