Created by Fuzzy Cloud

Patna High Court

Hari Narayan GuptaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the petitioner was implicated in serious offences, material evidence supported the charge, and his prior criminal antecedents warranted refusal of bail.

Summary

The petitioner, Hari Narayan Gupta, sought anticipatory bail after learning that he might be arrested in a case alleging his participation in a conspiracy to fire upon Keshav Kumar, resulting in four gunshot injuries. The prosecution alleged that Gupta was part of a gang that committed the offence punishable under IPC Sections 307, 34, 120B and Arms Act Section 27. Gupta contended that his name was only added nine years after the incident, based solely on the victim’s statement, with no corroborating material or independent witnesses, and argued that the addition violated Section 173(8) of the CrPC. The State opposed bail, highlighting the seriousness of the charges and Gupta’s four prior criminal antecedents. The court examined the gravity of the offence, the existence of material evidence, and the petitioner’s criminal history. Consequently, the court rejected the petition for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the nature of the alleged offences and the evidence on record.
  • Whether the addition of the petitioner as an accused under Section 173(8) of the CrPC is valid.
  • Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal conspiracy
  • attempt to murder
  • Arms Act
  • Section 173(8)
  • bail jurisprudence
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8684 of 2026
                    Arising Out of PS. Case No.-422 Year-2016 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
                 Hari Narayan Gupta S/o Late Ramchandra Gupta R/o Ram Chandra Nagar,
                 ward No. 11, Chhatauni Bazar, P.S- Chhatauni Motihari, District- East
                 Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Ujjwal Raj, Advocate
                 For the State           :       Mr. Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 307, 34 and

                   120B of the Indian Penal Code and Section 27 of the Arms Act.

                                3. As per prosecution case, it is alleged that this

                   petitioner, in conspiracy with other associates, fired on one

                   Keshav Kumar as a result of which he sustained four gun shot

                   injuries.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. Petitioner was never summoned or called
Patna High Court CR. MISC. No.8684 of 2026(2) dt.23-02-2026
                                            2/3




          in connection with the present case and his name surfaced on

          16.09.2025, i.e. nine years after commission of the alleged

          offence and three years after submission of the charge-sheet,

          only on the basis of statement of injured Keshav Kumar who

          stated that this petitioner is member of a gang which

          orchestrated the attack. However, in investigation, police did not

          find any material in support of statement of injured Keshav

          Kumar and hence, implication of this petitioner as an additional

          accused is wholly unjustified and is not supported by any of the

          independent witnesses. Moreover, three charge-sheets have been

          filed in the instant case and the allegation of conspiracy was

          made way back in the year 2016 itself, however, the police

          never investigated against this petitioner and the same shows

          gross misuse of provisions under Section 173(8) of the Cr.P.C..

                       5. On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of anticipatory bail to

          the petitioner and submitted that name of petitioner surfaced in

          this case during investigation the basis of statement of injured

          Keshav Kumar who has disclosed that this petitioner is member

          of the gang which fired upon him. Petitioner has got four

          criminal antecedents.

                       6. Considering the facts and circumstances of the
             Patna High Court CR. MISC. No.8684 of 2026(2) dt.23-02-2026
                                                         3/3




                       case, gravity of offence, material available on record and

                       criminal antecedents of the petitioner, the prayer for grant of

                       anticipatory bail to the petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.