Patna High Court
Hare Ram Kumar @ Hari OmversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail could not be granted at this stage because of the direct allegation of firing at the deceased, supported by the post‑mortem report.
Summary
The petitioner, Hare Ram Kumar, was arrested in connection with a case alleging that he fired at the informant's uncle, resulting in death. He faces charges under several sections of the Bihar Penal Code and Section 27 of the Arms Act. The petitioner contended that he had no motive, was merely a co‑villager, and that no weapon was recovered from him, seeking regular bail. The State and the informant’s counsel opposed bail, citing a direct allegation of firing and corroboration by the post‑mortem report. After hearing both sides, the court declined to grant bail, noting the seriousness of the allegations, and allowed the petitioner to re‑apply after six months if the trial remained pending.
Issues considered
- Whether the petitioner is entitled to regular bail at the pre‑trial stage despite direct allegations of firing and a corroborating post‑mortem report.
- Whether the nature of the offences and the evidence presented justify the denial of bail.
Legislation cited
- Arms Act — s. 27
- Bihar Penal Code — s. 103(1), 109, 115(2), 118(1), 126(2), 3(5), 352
Subjects
- bail
- regular bail
- criminal procedure
- murder
- firearms
- Arms Act
- postmortem
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13764 of 2026
Arising Out of PS. Case No.-167 Year-2025 Thana- NAUBATPUR District- Patna
======================================================
Hare Ram Kumar @ Hari Om S/o Awadhesh Singh @ Awadhesh Sharma @
Bhutali Sharma Resident of Village- Choti Tangrela, P.S.- Naubatpur, District-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Samrendra Kumar Jha, Advocate
For the State : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the Informant.
2. The petitioner has prayed for regular bail in
connection with Naubatpur P.S. Case No. 167 of 2025 instituted
for the offence under Sections 126(2), 115(2), 118(1), 109, 103(1),
352 and 3(5) of BNS and Section 27 of the Arms Act.
3. The case of the prosecution is that the petitioner and
one Chandan have fired at the uncle of the informant due to which
he died.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and committed no offence. He has further
submitted that there was dispute between Bittu and the deceased.
Petitioner is only a co-villager and he has got no motive or enmity.
It has further been submitted that for the same occurrence, two
Patna High Court CR. MISC. No.13764 of 2026(2) dt.13-03-2026
2/2
cases were filed by the police one is under Arms Act and second is
this one. In the case of Arms Act, nothing has been recovered from
his possession. He has further submitted that he has been
remanded in this case from that case. He has also admitted that the
death of deceased has caused due to firearm injuries and that the
deceased has received three firearm injuries. Moreover, the
petitioner is languishing in judicial custody since 26.04.2025.
5. Learned APP appearing for the State and learned
counsel for the informant have opposed the prayer of regular bail
and have submitted that there is direct allegation against the
petitioner of firing at the deceased which is also corroborated by
the postmortem report.
6. Having heard the learned counsel for the parties and
considering the fact that there is direct allegation against this
petitioner, this court is not inclined to enlarge the petitioner on bail
at this stage and, as such, his prayer for bail stands rejected.
7. However, the petitioner will be at liberty to renew his
prayer for bail after six months if the trial is not concluded.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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