Patna High Court
Harinandan Prasad @ Harinandan Yadav @ Harinandan Das @ Harnandan PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 118, 190, 191(2), 191(3)
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/-
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