Patna High Court
Haro @ Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail was granted to the petitioner with conditions of trial cooperation and attendance.
Summary
The petitioner, Haro (also known as Ankit Kumar), was charged in Noorsarai P.S. Case No. 67 of 2025 for offences under several sections of the B.N.S., 2023 and Section 27 of the Arms Act, stemming from an alleged assault and shooting on 07.01.2025. He applied for bail, claiming innocence, a delayed FIR, and citing a similar bail order granted to a co‑accused. The State opposed, highlighting the petitioner’s alleged criminal antecedents. The Court examined the delay in filing the FIR, the general nature of the allegations, and the precedent of bail to a co‑accused, and found no compelling reason to keep the petitioner in custody. Consequently, the Court ordered bail on a bond of Rs.10,000 with two sureties and imposed conditions of trial cooperation and regular attendance.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged.
- Whether the delay in lodging the FIR and the general nature of the allegations justify granting bail.
- Whether the petitioner’s prior criminal cases affect the bail decision.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 109, 115(2), 117(2), 127(1), 127(2), 190, 191(2)
Subjects
- bail
- criminal procedure
- delay in FIR
- Arms Act
- B.N.S. 2023
- assault
- trial attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18675 of 2026
Arising Out of PS. Case No.-67 Year-2025 Thana- NOORSARAI District- Nalanda
======================================================
Haro @ Ankit Kumar S/o Bhuneshwar Yadav R/o Village - Kumrori Pathrora,
P.S -Noorsarai, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suresh Singh, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner has prayed for bail in connection
with Noorsarai P.S. Case No. 67 of 2025 registered for the
offence punishable under Sections 191(2), 190, 127(1), 127(2),
115(2), 117(2), 109 of the B.N.S., 2023 and Section 27 of the
Arms Act.
3. The case of the prosecution, in short, is that on
07.01.2025 at about 09:00 AM, five persons including the
petitioner attacked the tempo of the informant’s husband near
Kulrauri Pathraura. The accused persons broke the vehicle’s
glass with rods, assaulted him severely and even shot at him
rendering him unconscious. The informant’s husband was
rescued by the villagers and the police admitted him to the
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hospital for treatment.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that from perusal of the FIR, it is clear
that the nature of allegation is general and omnibus. He also
submits that from perusal of the FIR, it is also clear that the date
of occurrence is 07.01.2025 whereas the FIR was lodged on
07.02.2025 i.e., after a delay of one month and the reason of
delay is not explained. He further submits that similarly situated
co-accused namely, Sonu Kumar has been granted bail by the
learned coordinate bench of this court vide Cr. Misc. No. 4581
of 2026. The case of this petitioner stands on similar footing.
Moreover, the petitioner is languishing in judicial custody since
21.01.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of five 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 with the condition
that the petitioner shall cooperate in the trial and shall
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remain physically present on each and every date fixed by
the learned trial court and shall mark his attendance at
Noorsarai P.S. weekly. The above named petitioner is directed
to be enlarged on bail on furnishing bail bond of Rs. 10,000/-
(Rs. ten thousand only) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Nalanda at Biharsharif in connection with Noorsarai P.S. Case
No. 67 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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