Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 93587 (PAT)

Aman Kumar v. The State of Bihar

CR. MISC./83924/2025 · 2025-12-09

Arun Kumar Jha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83924 of 2025 Arising Out of PS. Case No.-487 Year-2025 Thana- SUGAULI District- East Champaran ====================================================== Aman Kumar Son of Hari Lal Sah Resident Of Village- Phulwariya, Ps- Sugauli, Dist -East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pravin Kumar, Adv. For the Opposite Party/s : Mr.Bhanu Pratap Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 09-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. In the present case, the petitioner seeks bail in connection with Sugauli P.S. Case No. 487 of 2025, registered for the offences under Sections 115(2), 118(1), 127(1), 109, 303(2), 3(5) of the BNS. 3. As per the prosecution case, petitioner and other co- accused persons came to the shop of the informant and started taking away tyre and mobil/lubricants from his shop without making any payment. When the informant demanded the payment for the goods, the co-accused assaulted him with iron rod on his head causing its fracture. When the sons of the informant came for his rescue, another co-accused fired on one of the sons but the shot got misfired. The second son of the Patna High Court CR. MISC. No.83924 of 2025(2) dt.09-12-2025 2/3 informant was assaulted by this petitioner with slaps and fists and another co-accused tried to strangulate him. 4. Learned counsel appearing on behalf of the petitioner submits the petitioner is innocent and has been falsely implicated in this case. Learned counsel for the petitioner submits that only allegation against the petitioner is of assaulting the son of the informant with slaps and fists apart from that there is no allegation of causing injuries to any of the persons. The petitioner is in custody since 17.09.2025 and he has clean antecedent. 5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. 6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that there is no specific allegation of assault on this petitioner and further considering his period of custody and clean antecedent, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned JMFC, East Champaran, Motihari/concerned court, in connection with Sugauli P.S. Case No. 487 of 2025, subject to the condition laid down under Patna High Court CR. MISC. No.83924 of 2025(2) dt.09-12-2025 3/3 Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. Anuradha/- (Arun Kumar Jha, J) U T