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Patna High Court

Harsh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to regular bail.

Summary

Harsh Kumar was arrested in connection with a robbery at gunpoint where a mobile, a golden ring and a house key were stolen. The FIR named unknown miscreants, but a confessional statement by Shambhu Kumar implicated the petitioner, although the petitioner was not identified in the Third Information Report and no incriminating material was recovered from him. He has been in judicial custody since 9 May 2025. The State opposed regular bail, citing two prior criminal cases against the petitioner. After hearing both sides, the court granted regular bail on a bond of Rs 10,000 with two sureties, directing his release.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the allegations and prior criminal antecedents
  • Whether the confessional statement implicating the petitioner is sufficient to deny bail

Legislation cited

Subjects

  • regular bail
  • section 309(4)
  • confessional statement
  • judicial custody
  • criminal antecedent
  • T.I.P.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14296 of 2026
                      Arising Out of PS. Case No.-42 Year-2025 Thana- Shahpur P.S. District- Nawada
                 ======================================================
                 Harsh Kumar S/o Sudhir Singh @ Sudhir Kumar Singh R/o Village -
                 Simridih, P.S - Warisaliganj, District - Nawada,

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Man Mohan Kumar, Advocate
                 For the Opposite Party/s :        Mr.Shahabuddin Azeem @ S. Azeem, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   25-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under section 309(4) of

                   B.N.S.

                                3. The case of the prosecution is that the informant

                   was going on his bike to Rajkiya Polytechnic institute,

                   Sheikhpura. It is alleged that three persons on a bike intercepted

                   him and on gun point mobile, golden ring and key of the house

                   were snatched.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He has

                   falsely been implicated in this case. The FIR was lodged against

                   unknown miscreants. During course of investigation, one
             Patna High Court CR. MISC. No.14296 of 2026(2) dt.25-02-2026
                                                         2/2




                       Shambhu Kumar has given his confessional statement and in his

                       confessional statement, name of this petitioner has surfaced. It

                       has further been submitted that T.I.P. was also conducted and the

                       petitioner was not identified in T.I.P. which is clear from

                       Annexure-P/3. Nothing has been recovered from his possession.

                       Moreover, the petitioner is languishing in judicial custody since

                       09.05.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the prayer of regular bail and has

                       submitted that petitioner is having criminal antecedent of two

                       cases.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be released on bail in connection with

                       Shahpur P.S. Case No. 42 of 2025 on furnishing bail bond of

                       Rs.10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned Additional Sessions Judge-IX,

                       Nawada.


                                                         (Ashok Kumar Pandey, J)

lata/-
U        T


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