Patna High Court
Anurag Hadi @ Anurag Handi @ Anurag HariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to bond and conditions under Section 480(3) of the B.N.S.S.
Summary
Anurag Hadi was arrested in connection with offences under Sections 317(5), 318(4), 336(3) and 338 read with Section 3(5) of the B.N.S., 2023 and Sections 25(1‑B)(i), 26 and 35 of the Arms Act. The prosecution alleged that a live cartridge was recovered from him and a country‑made katta and two cartridges from a co‑accused. The petitioner contended that the cartridge was planted, no firearm was recovered, and the seized motorcycle actually belonged to the co‑accused, asserting false implication. He had been in custody since 30‑07‑2025 and a chargesheet had been filed. The court, after considering the limited evidentiary basis, the period of custody and the chargesheet, ordered his release on bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 480(3) of the B.N.S.S.
Issues considered
- Whether bail should be granted in offences punishable under the B.N.S., 2023 and the Arms Act given the nature of the evidence.
- Whether the recovery of a single live cartridge without a firearm justifies denial of bail.
- Whether the petitioner was falsely implicated in the offences.
Legislation cited
- Arms Act — s. 25(1-B)(i), 26, 35
- B.N.S., 2023 — s. 317(5), 318(4), 336(3), 338, 3(5), 480(3)
Subjects
- bail
- Arms Act
- B.N.S. 2023
- false implication
- criminal procedure
- Section 480(3)
- chargesheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6708 of 2026
Arising Out of PS. Case No.-178 Year-2025 Thana- KORHA District- Katihar
======================================================
Anurag Hadi @ Anurag Handi @ Anurag Hari S/o Sanjay Hadi @ Sanjay
Handi, R/o Maheshpur, P.S- Korha, Distt- Katihar.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Korha P.S. Case No. 178 of 2025 dated
29.07.2025, registered for the offences punishable under
Sections 317(5), 318(4), 336(3) and 338 read with Section 3(5)
of the B.N.S., 2023 and Section 25(1-B)(i), 26 and 35 of the
Arms Act.
3. As per the prosecution case, on a tip-off,
petitioner and co-accused were apprehended by the police who
were riding an unnumbered motorcycle. From this petitioner,
recovery of live cartridge was made and from the co-accused a
country made katta and two live cartridges were recovered.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has falsely been implicated in
Patna High Court CR. MISC. No.6708 of 2026(2) dt.04-02-2026
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the present case. Nothing incriminating has been recovered from
person or possession of the petitioner. The recovery shown from
the petitioner is planted. Moreover, recovery is of only one live
cartridge and in absence of fire-arm, there is no use of such
cartridge. The motorcycle seized from the petitioner in fact
belongs to the co-accused. Learned counsel next submits that
petitioner is having antecedent of one case and chargesheet has
been submitted. Learned counsel lastly submits that petitioner is
in custody since 30.07.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner and submission of
chargesheet, the petitioner, above-named, is directed to be
released on bail, 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 Chief Judicial
Magistrate, Katihar / concerned Court, in connection with
Korha P.S. Case No. 178 of 2025, subject to the condition laid
down under Section 480(3) of the B.N.S.S. and other following
conditions:
Patna High Court CR. MISC. No.6708 of 2026(2) dt.04-02-2026
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(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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