Patna High Court
Bharat Kumar @ Bharat Yadav @ Bharat KhirharversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail on condition of a Rs.10,000 bond with two sureties.
Summary
Petitioner Bharat Kumar was arrested in Alauli P.S. Case No. 405 of 2025 for alleged offences under several sections of the B.N.S. and Section 27 of the Arms Act, accused of participating in an armed robbery demanding Rs.2 lakh and firing indiscriminately, with Bhushan Yadav specifically alleged to have shot an informant. The petitioner contended that he was falsely implicated, that the FIR specifically named only Bhushan Yadav, and that the informant suffered only minor injury, while he had been in judicial custody since 5 October 2025. The State opposed bail, citing the petitioner’s two prior criminal cases. The Court examined the allegations, the lack of specific charge against the petitioner, and the circumstances of his detention, and found merit in the petitioner's claim of false implication. Consequently, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the learned Chief Judicial Magistrate, Khagaria.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the charges and alleged prior criminal antecedents
Legislation cited
Subjects
- bail
- criminal procedure
- false implication
- arms act
- robbery
- IPC sections
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6711 of 2026
Arising Out of PS. Case No.-405 Year-2025 Thana- ALOULI District- Khagaria
======================================================
Bharat Kumar @ Bharat Yadav @ Bharat Khirhar, S/O Yogendra Khirhar @
Yogendra Yadav, R/O Gadhbani, P.O.- Hathwan, P.S.- Alouli, Dist.-Khagaria,
Bihar, India.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shankar Roy, Advocate
For the Opposite Party/s : Mrs. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Alauli P.S. Case No. 405 of 2025 registered for the offence
punishable under Sections 126(2), 115(2), 109, 308(4), 352,
351(2) and 3(5) of B.N.S. and Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that the
petitioner along with others being armed with weapon arrived
and abused the informant and demanded Rs.2 Lakhs as
rangdari. It is specifically alleged that all the accused persons
started firing indiscriminately. Bhushan Yadav aimed at the
informant and fired which hit in his right hand.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.6711 of 2026(2) dt.10-02-2026
2/2
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. From perusal of the F.I.R. itself it is clear that the specific
allegation is against one Bhushan Yadav. Other allegations are
against all the accused persons and the nature of allegation is
general and omnibus. It has further been submitted that there is
also the counter blast of this case. It has also been submitted that
informant has received simple injury caused by firearm.
Petitioner is languishing in judicial custody since 05.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of two cases.
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 C.J.M.,
Khagaria in connection with Alauli P.S. Case No. 405 of 2025
(Ashok Kumar Pandey, J)
lata/-
U T
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