Patna High Court
Aryan Kumar @ Chunchun Kumar @ Aryan RoyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Bail was granted to the petitioner subject to a bond, sureties, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Aryan Kumar, was implicated in a FIR alleging assault and firing on the informant's son, with charges under several sections of the Bharatiya Nyaya Sanhita and the Arms Act. He contended that the specific allegation of firing pertained only to co‑accused Gopal Kumar and that the case against him was a result of malice, noting his clean criminal record and willingness to cooperate. The State opposed his bail application. The Court examined the facts, the nature of the allegations, and the petitioner's lack of antecedents, and decided to grant bail. Bail was conditioned on a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directed the petitioner to surrender within six weeks if arrested.
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
Legislation cited
- Arms Act — s. 27, 35
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 127(1), 303(2), 3(5), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- Section 482
- presumption of innocence
- pre‑trial liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88041 of 2025
Arising Out of PS. Case No.-316 Year-2025 Thana- RAJAPAKAR District- Vaishali
======================================================
Aryan Kumar @ Chunchun Kumar @ Aryan Roy Son of Ramesh Rai @
Ramesh Ray Resident Of Village -Diwan Tok, Ps -Gangabridge, Dist-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivjee Singh, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 127(1), 115(2), 352, 303(2), 109, 3(5)
of the Bharatiya Nyaya Sanhita and Sections 27 and 35 of the
Arms Act.
3. As per the F.I.R., the petitioner along with other
named accused persons and 6 unknown persons abused and
assaulted the son of the informant, namely, Vikky Kumar. It is
alleged that co-accused Gopal Kumar with his two associates
fired on the informant’s son which hit over his right leg.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
Patna High Court CR. MISC. No.88041 of 2025(2) dt.12-01-2026
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been implicated in the present case due to grudge and malice.
Further submission is that specific allegation of firing is against
co-accused Gopal Kumar. Allegation against the petitioner is
general and omnibus. Petitioner has got no criminal antecedent
and he undertakes to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the above named petitioner be released on bail, in the event of
arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate-I,
Vaishali at Hajipur in connection with Rajapakar P.S. Case No.
316 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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