Aman Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Aman Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on arrest/surrender before the learned Court below within six weeks, on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Bidupur P.S. Case No. 610 of 2024, is entitled to anticipatory bail.

Court's answer

The petitioner is to be released on anticipatory bail in connection with Bidupur P.S. Case No. 610 of 2024 in the event of arrest or surrender before the learned Court below within a period of six weeks, on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each.

Ratio / Principle

The anticipatory bail is subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted. The Patna High Court (Rudra Prakash Mishra, J.) allowed the anticipatory bail application of Aman Kumar, who apprehended arrest in Bidupur P.S. Case No. 610 of 2024 (Thana Bidupur, District Vaishali), registered under Sections 310(4), 310(5), 317(5), 338 and 336(3) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 25(1-AA), 25(1-B)(a), 26 and 35 of the Arms Act. Prosecution case was that police, on a tip about armed miscreants planning a crime, apprehended them during patrol and recovered weapons and mobile phones from co-accused persons. Defence submitted the petitioner was innocent, not present at the spot, named only on the basis of disclosure by co-accused persons (claimed to have no evidentiary value), and that the motorcycle recovered from his house belonged to his father; two criminal antecedents were recorded. The petitioner was directed to be released on anticipatory bail on arrest/surrender within six weeks, on bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33894 of 2025

Arising Out of PS. Case No.-610 Year-2024 Thana- BIDUPUR District- Vaishali

======================================================

Aman Kumar S/O Vinod Ray Resident of Village- Nanhak Chak, P.ODilawarpur, P.S- Bidupur, Distt.- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 25-06-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner apprehends arrest in connection with Bidupur P.S. Case No. 610 of 2024, registered under Section 310(4), 310(5), 317(5), 338, 336(3) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 25(1-AA), 25(1-B)(a), 26 and 35 of the Arms Act.

The prosecution case, in short, is that, the police received a tip about armed miscreants planning a crime and apprehended them during patrol. Weapons and mobile phones were recovered from the co-accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner also submits that

Patna High Court CR. MISC. No.33894 of 2025(2) dt.25-06-2025 2/2

the petitioner was not present at the place of occurrence. Name of the petitioner has transpired in this case on the basis of disclosure made by co-accused persons and the same has got no evidentiary value. The motorcycle has been recovered from the house of the petitioner and not from the spot and the same belongs to his father. It is next submitted that the petitioner has not supplied the fire arms to any person. The petitioner has got two criminal antecedents.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below 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 Court below/concerned Court in connection with Bidupur P.S. Case No. 610 of 2024 subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J)

Rajorshi/- U T