Patna High Court
Haradhan SahaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that, given the petitioner’s clean record and the non‑specific nature of the allegations, bail should be granted.
Summary
Haradhan Saha was arrested in connection with a case registered under Sections 109, 351(2), 352, 3(5) of the Bihar National Security Act, 2023 and Section 27 of the Arms Act for allegedly abusing an informant and assaulting another person with the butt of a pistol. The petitioner contended that he was falsely implicated, had no criminal antecedent, and that the allegations were vague and did not specifically charge him with firing a weapon. The State opposed bail, relying on the prosecution’s version of events. After hearing both sides, the court noted the petitioner’s lack of prior record and the general nature of the accusations, and decided to grant bail. The court ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Additional Chief Judicial Magistrate‑I, Katihar.
Issues considered
- Whether the petitioner is entitled to bail despite the serious charges under the Bihar National Security Act and the Arms Act
- Whether the nature of the allegations justifies continued judicial custody
Legislation cited
- Arms Act — s. 27
- Bihar National Security Act, 2023 — s. 109, 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar National Security Act
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30811 of 2026
Arising Out of PS. Case No.-61 Year-2026 Thana- BARARI District- Katihar
======================================================
Haradhan Saha Son of Chumu Sahu @ Chamu Saha Resident of Village-
Maharani Rounia, P.S.- Barari, District- Katihar (but in the impugned order it
has wrongly been typed as Residents of Village- Maheshlitti, P.S.- Kadma,
District- Godda (Jharkhand) which is clear from FIR itself)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Barari P.S. Case No. 61 of 2026 registered for the offence
punishable under Sections 109, 351(2), 352, 3(5) of the B.N.S.,
2023 and Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that the
petitioner along with other has abused the informant and one
Vibhash Kumar Saha has assaulted with the butt of the country
made pistol on the head of the informant.
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
Patna High Court CR. MISC. No.30811 of 2026(2) dt.07-05-2026
2/2
case. He also submits that there is also a counter version of this
case. The nature of allegation is general and omnibus. He
further submits that there is no allegation of firing against this
petitioner. Moreover, a statement has been made in para 3 of the
petition that petitioner has no criminal antecedent and he is
languishing in judicial custody since 07.03.2026.
5. The application for bail is opposed by learned APP
for the State.
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. 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
Additional Chief Judicial Magistrate-I, Katihar in connection
with Barari P.S. Case No. 61 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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