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Patna High Court

Harsh Raj @ Chhotu @ Chhotu KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted to the petitioner.

Summary

The petitioner, Harsh Raj, was charged under sections 103 and 3(5) of the Bihar Narcotic Substances Act, 2023 and section 27 of the Arms Act for allegedly killing the informant's brother. He applied for bail, but the informant alleged that the petitioner had concealed his prior criminal history. The petitioner later filed a supplementary affidavit admitting that he was involved in five additional criminal cases, having disclosed only two in the original bail petition. The court considered the seriousness of the murder allegation and the petitioner’s suppression of antecedents. Concluding that these factors outweighed any justification for release, the court refused bail.

Issues considered

  • Whether bail should be granted to the petitioner despite suppression of his antecedent criminal cases and the gravity of the offences under the B.N.S., 2023 and the Arms Act

Legislation cited

Subjects

  • bail
  • suppression of antecedents
  • murder
  • Arms Act
  • B.N.S., 2023
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17866 of 2026
                     Arising Out of PS. Case No.-161 Year-2025 Thana- BAHADURPUR District- Patna
                 ======================================================
                 Harsh Raj @ Chhotu @ Chhotu Kumar Son of Kumar Karuna Nidhan @
                 Kumar Krishna Nidhan Resident of Village - Mahsari, P.S.- Ujyarpur, Dist.-
                 Samastipur
                                                                            ... ... Petitioner
                                                Versus
                 The State of Bihar
                                                                     ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. P. N. Shahi, Sr. Advocate
                                                   Mr. Jyoti Ranjan Jha, Advocate
                 For the Opposite Party/s :        Mr. Gauri Shankar Gupta, APP
                                                   Mr. Arvind Kumar Pradhan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   05-05-2026                      Heard learned Senior Counsel for the petitioner,

                   learned APP for the State and learned counsel for the informant.

                                    2.        The petitioner seeks bail in connection with

                   Bahadurpur P.S. Case No.161 of 2025 registered for the offence

                   under sections 103 and 3(5) of the B.N.S., 2023 and under

                   section 27 of the Arms Act.

                                    3.        The petitioner and others are said to have

                   killed the brother of the informant.

                                    4.        In course of argument, learned counsel for

                   the informant has submitted that the petitioner has suppressed

                   his antecedents.

                                    5.        Mr. Shahi, learned Senior Counsel for the

                   petitioner, on instructions from his client, submits that a
              Patna High Court CR. MISC. No.17866 of 2026(3) dt.05-05-2026
                                                          2/2




                        supplementary affidavit has been filed by the petitioner wherein

                        the petitioner has stated that he is accused in five more criminal

                        cases and had mentioned only two criminal cases in the bail

                        petition.

                                        6.      Considering the nature of allegation levelled

                        against the petitioner and also the fact that he has suppressed his

                        antecedents, I am not inclined to grant him bail. Accordingly,

                        this bail application is rejected.


                                                                   (Sandeep Kumar, J)

pawan/-

U         T


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