Patna High Court
Harsh Raj @ Arsh RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court allowed the bail application, granting regular bail to the petitioner.
Summary
Harsh Raj was arrested on 10 March 2026 in connection with a 2021 case (Sahebganj P.S. Case No. 516) alleging robbery, attempted murder and a violation of the Arms Act. The prosecution alleges that three persons tried to snatch an informant's motorcycle and shot the informant's grandson, and that the petitioner was involved. The petitioner claimed innocence, asserting that his name appeared only in the confessional statement of a co‑accused and that he has a single prior conviction. The State opposed bail, citing the seriousness of the offences and the five‑year delay in trial. The court, after considering the circumstances and the period of custody, granted regular bail on a bond of Rs 10,000 with two sureties, subject to framing of charge, and clarified that its observations were prima facie and not on the merits of the case.
Issues considered
- Whether regular bail can be granted in a case involving offences under IPC sections 394, 307/34 and Arms Act section 27, considering the seriousness of the charges, the five‑year trial delay, and the petitioner’s prior criminal antecedent.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 34, 394
Subjects
- bail
- criminal procedure
- IPC
- Arms Act
- robbery
- attempted murder
- pre‑trial detention
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34016 of 2026
Arising Out of PS. Case No.-516 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
Harsh Raj @ Arsh Raj S/o Birendra Yadav R/o Village - Halimpur, P.S -
Sahebganj, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nachiketa Jha, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Sahebganj P.S. Case No. 516 of 2021, registered under Sections
394, 307/34 of the Indian Penal Code as well as U/s 27 of the
Arm’s Act.
3. As per prosecution case, three persons tried to
snatch the motorcycle of the informant and thereafter shot the
grandson of the informant. The case is of the year 2021 and the
petitioner has been apprehended on 10.03.2026. He has delayed
the trial for five years.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The name of the petitioner has transpired in this
Patna High Court CR. MISC. No.34016 of 2026(2) dt.19-05-2026
2/2
case on the confessional statement of co-accused Depu Singh.
Petitioner has one criminal antecedent and he is on custody
since 10.03.2026.
5. Learned APP for the State has vehemently opposes
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
and period of custody, this application is allowed.
7. Accordingly, let the petitioner above named, be
released on bail, after framing of charge, on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two
sureties of the like amount each to the satisfaction of learned
Court of A.C.J.M- 2nd (West) Muzzaffarpur/concerned court
below in connection with Sahebganj P.S. Case No. 516 of 2021.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Ranjeet/-
U T
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