Patna High Court
Harsh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S. — s. 309(4)
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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