Patna High Court
Bharat KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner with specified conditions.
Summary
Bharat Kumar was arrested in connection with a robbery‑attempt and shooting under Section 309(6) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The prosecution alleges that three miscreants, including the petitioner, intercepted an informant on a bike, fired at him and stole his backpack. The petitioner contended that he is innocent, that a co‑accused’s confessional statement merely mentioned his name, and that only a passbook was recovered from him; he also pointed to the bail granted to the co‑accused in a similar case. The State opposed bail, highlighting the petitioner’s alleged eight prior criminal cases. After hearing both sides, the High Court ordered the petitioner’s release on bail, subject to a Rs 10,000 bond, two sureties, regular attendance before the trial court and weekly reporting to the police station.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under the B.N.S. Act and the Arms Act.
- Whether the presence of the petitioner’s name in a co‑accused’s confessional statement and the recovery of a passbook constitute sufficient grounds to deny bail.
- Whether the petitioner’s alleged prior criminal record warrants denial of bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 309(6)
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- attempted robbery
- confessional statement
- prior criminal record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20133 of 2026
Arising Out of PS. Case No.-125 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Bharat Kumar S/O Baidhnath Sahni@ Bainath Sahani R/O village - Dharna
Tola, P.S- Bochahan, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Sessions Trial Case No. 1000 of 2025 arising out of
Abhiyapur P.S. Case No. 125 of 2025 registered for the offence
punishable under Sections 309(6) of the B.N.S., 2023 and
Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that while
the informant was returning home on his bike, three miscreants
intercepted him and on gun point attempted to snatch the
backpack. When the informant objected, they fired at him and
took his backpack which has two books, Aadhar card and
passbook.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.20133 of 2026(2) dt.10-04-2026
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petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that during the course of the investigation,
one Ritesh Kumar was apprehended in this case from Bochaha
PS. Case No. 32 of 2025, wherein he has given his confessional
statement, and the name of this petitioner has surfaced in the
confessional statement of co-accused, namely, Ritesh Kumar.
He further submits that one passbook has been recovered from
the possession of the petitioner. Save and except this, nothing is
against the petitioner. He further submits that similarly situated
co-accused, namely, Ritesh Kumar, has been granted bail by this
court vide Cr. Misc. No. 76457 of 2025. Moreover, the
petitioner is languishing in judicial custody since 08.08.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of eight 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
remain physically present on each and every date fixed by
the learned trial court, one of the bailor should be his near
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relative and shall also mark his weekly attendance at
Bochaha P.S. 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 District & Additional Sessions Judge-
11, Muzaffarpur in connection with Sessions Trial Case No.
1000 of 2025 arising out of Abhiyapur P.S. Case No. 125 of
2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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