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Patna High Court

Harinandan Prasad @ Harinandan Yadav @ Harinandan Das @ Harnandan PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, finding insufficient direct evidence to justify continued detention.

Summary

The petitioner, Harinandan Prasad, was implicated in a FIR alleging offences under Sections 190, 191(2), 191(3), 118 and 109 of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, with twelve persons named but only two firearm injuries reported. The petitioner contended that the informant was not an eyewitness, that the FIR was based on second‑hand information, and that the statements of the injured party specifically implicated only co‑accused Khirodhar and Amrendra Kumar. The State opposed the bail application, arguing the seriousness of the charges. The Court examined the lack of direct evidence against the petitioner and noted that other co‑accused had already been granted bail. Consequently, the Court granted regular bail to the petitioner upon furnishing a bail bond of Rs. 20,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita and the Arms Act
  • Whether the evidence in the FIR sufficiently links the petitioner to the alleged firing and assault

Legislation cited

Subjects

  • bail
  • regular bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • false implication
  • evidence
  • FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31876 of 2026
                      Arising Out of PS. Case No.-19 Year-2025 Thana- THARTHARI District- Nalanda
                 ======================================================
                 Harinandan Prasad @ Harinandan Yadav @ Harinandan Das @ Harnandan
                 Prasad Son of Jugeshwar Prasad Resident of Village - Chhakauri Bigha,
                 Police Station - Hilsa, District – Nalanda.
                                                                         ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Birendra Kumar, Advocate
                 For the State           :        Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-05-2026                    Heard the parties.

                                  2. Petitioner seeks regular bail in connection with

                   Tharthari P.S. Case No. 19 of 2025 registered for the offences

                   punishable under Sections 190, 191(2), 191(3), 118 and 109 of the

                   Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

                                 3. The main submissions advanced by the petitioner’s

                   counsel are that the petitioner is innocent and has been falsely

                   implicated in the present case, from bare perusal of the FIR, there

                   are general and omnibus allegations against twelve persons

                   including the petitioner whereas, the injured sustained only two

                   firearm injuries. It is further contended that the informant herself is

                   not an eyewitness to the occurrence and she has admitted in the

                   FIR that she received information from villagers. Learned counsel

                   submits that during investigation, no eyewitness has surfaced and

                   even the statement of injured Arvind Kumar @ Mukhiya Ji as
           Patna High Court CR. MISC. No.31876 of 2026(2) dt.12-05-2026
                                                       2/2




                     recorded in para ‘35’ of the case diary, attributes specific

                     allegation of firing only against co-accused Khirodhar and

                     Amrendra Kumar. It is also submitted that no specific allegation of

                     assaulting or firing has been made against the petitioner and his

                     implication is merely on account of village rivalry. Learned

                     counsel further submits that the co-accused Amrendra Kumar and

                     Manohar @ Diwakar Kumar have already been granted bail by the

                     trial court and by the co-ordinate Bench of this Court respectively.

                                  4. Learned APP for the State has opposed the prayer

                     for bail of the petitioner.

                                  5. In the facts and circumstances of this case, and

                     considering the statements made in the petition as well as the

                     above submissions, this Court is inclined to grant the relief of bail

                     to the petitioner. Accordingly, let the petitioner named-above be

                     released on bail on furnishing bail bond of Rs. 20,000/- (Rupees

                     Twenty Thousand) with two sureties of the like amount each to the

                     satisfaction of the concerned Court in connection with Tharthari

                     P.S. Case No. 19 of 2025.



                                               (Shailendra Singh, J)
maynaz/-
U     T


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