PATNA, India, April 23 -- Patna High Court issued the following order on March 23:
1. Heard Mr. N.K. Agrawal, learned senior counsel for the petitioner (In Cr. Misc. No. 3592 of 2026, Cr. Mic. No. 73212 of 2025, In Cr. Mic. No. 73875 of 2025), Mr. Ram Sumiran Rai, learned APP for the State (In Cr. Misc. No. 3592 of 2026), Mr. Satyendra Prasad, learned APP for the State(In Cr. Mic. No. 73212 of 2025), Mr. Vinod Shanker Modi, learned APP for the State (In Cr. Mic. No. 73875 of 2025 and Mr. Ramakant Sharma, senior counsel for the Informant (In Cr. Mic. No. 73212 of 2025, Cr. Mic. No. 73875 of 2025).
2. Petitioners seeks bail in connection with Chitragupta Nagar P.S. Case No. 86 of 2025, F.I.R. dated 13.08.2025 for the offences punishable under Sections 126(2), 118(1), 109, 61(2), 3(5), 103 of the Bharatiya Nyay Sanhita, 2023 and Section 27, 25(1-b)A, 26, 35 of Arms Act
3. According to prosecution case, the informant received information that his brother has received gunshot injury. When the informant reached there, he found his brother lying down and thereafter he was taken to Sadar Hospital, Khagaria for treatment. Informant's brother disclosed that three miscreants on pulsor motorcycle came and fired upon him and after firing they fled away towards Surya Mandir.
4. Learned counsel for the petitioners submits that petitioners are innocent and they falsely been implicated in the present case. Petitioners are not named in the FIR and their name transpired during investigation on the basis of confessional statement of co-accused persons, namely, Pintu and Sintu and both the co-accused have confessed their guilt and they have stated that the petitioners were involved in conspiracy in the present crime in question but they have not stated that the petitioners have fired upon the victim. The police after investigation submitted chargesheet and the petitioner, namely, Priyansh @ Akash Raj is in custody since 09.09.2025, petitioners, namely, Amit Kumar @ Guddu Sinha and Abhijit Singh @ Sonu are in custody since 14.08.2025
5. The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation that petitioners were involved in conspiracy in the present crime in question and they have hired contract killer for the occurrence. He further submits that petitioner, namely, Amit Kumar @ Guddu Sinha carries three criminal antecedents in which he is on bail, petitioner, namely, Abhijit Singh @ Sonu carries two criminal antecedent in which he is on bail in one case and petitioner, namely, Priyansh @ Akash Raj has clean antecedent. 6. Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial MagistrateIst Class, Khagaria in connection with Chitragupta Nagar P.S. Case No. 86 of 2025, subject to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
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