Patna High Court
Anil Harijan @ Anil HarjanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail to the petitioner, holding that the seriousness of the charges and his criminal antecedent preclude release on bail.
Summary
The petitioner, Anil Harijan, applied for regular bail for offences including kidnapping, extortion, assault, and possession of arms under several sections of the Indian Penal Code and the Arms Act. This was his second bail application after a prior denial on 18-10-2023. The prosecution alleged that the petitioner participated in a kidnapping and extortion conspiracy, and he faces multiple other cases. The court noted the seriousness of the allegations, the petitioner’s criminal antecedent, and that the trial is ongoing with several witnesses examined. Consequently, the court found no merit in granting bail and ordered the bail application to be dismissed, directing the trial court to expedite the proceedings.
Issues considered
- Whether the petitioner is entitled to regular bail despite serious charges of kidnapping, extortion, and possession of arms
- Whether the petitioner’s criminal antecedent and the status of the trial justify denial of bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 323, 34, 341, 342, 364(A), 386, 427, 506
Subjects
- bail
- kidnapping
- extortion
- IPC
- Arms Act
- criminal antecedent
- trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71045 of 2024
Arising Out of PS. Case No.-93 Year-2023 Thana- RUPAULI District- Purnia
======================================================
Anil Harijan @ Anil Harjan Son of Lalo Harijan @ Lito Harijan Village-
Jangal tola, Ps- Rupauli (Mohanpur), Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad
For the Opposite Party/s : Mr. Shailendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 09-01-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner. The
petitioner seeks bail in connection with Rupauli (Mohanpur)
P.S. Case No. 93 of 2023 registered for the offence under
Sections 341, 342, 323, 386, 364(A), 506, 427 and 34 of the
Indian Penal Code and Section 27 of the Arms Act.
3. Earlier the bail application of the petitioner was
rejected on 18.10.2023 in Cr. Misc. No. 68221 of 2023, which
reads as follows:-
Heard learned counsel for the
petitioner and Mr. Uday Pratap Singh, learned
APP for the State.
2. The petitioner seeks bail in
connection with Rupauli (Mohanpur O.P.) P.S.
Patna High Court CR. MISC. No.71045 of 2024(8) dt.09-01-2026
2/3
Case No. 93 of 2023 registered for the offence
punishable under Sections 341, 342, 323, 386,
364(A), 306 and 427/34 of the Indian Penal
Code and 27 of the Arms Act.
3. As per the prosecution case,
Chandan Yadav and others kidnapped the driver
and khalashi of the harvester. The petitioner was
also involved in the kidnapping. He is named in
the FIR. The criminals thereafter demanded
money for release of the kidnapped person. After
recovery, the victims have supported the
prosecution case that they were kidnapped by
Chandan Yadav and his gang. The petitioner is
accused in fourmore cases which includes cases
for demanding extortion and kidnapping also.
4. Learned A.P.P. for the State
opposes the prayer for regular bail of the
petitioner.
5. Considering the criminal
antecedent and the serious allegation levelled
against the petitioner, I am not inclined to grant
bail to the petitioner.
6. Accordingly, this application is
dismissed.
7. The District Judge, Purnea is
directed to expedite the trial of the present case
as well as all other cases registered against the
petitioner.
8. Let a copy of this order be
communicated to the District Judge, Purnea for
its compliance through FAX or e-mail forthwith.
Patna High Court CR. MISC. No.71045 of 2024(8) dt.09-01-2026
3/3
4. Out of 8 charge-sheeted witnesses, three witnesses
have been examined. The Trial is progressing. No ground for
review is made out.
5. Accordingly, this application for regular bail stands
rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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