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Patna High Court

Bharat KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
           Patna High Court CR. MISC. No.20133 of 2026(2) dt.10-04-2026
                                                       3/3




                     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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