Patna High Court
Harsh Raj @ Chhotu @ Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- B.N.S., 2023 — s. 103, 3(5)
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
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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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