Patna High Court
Harendra Kumar @ Halendra KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bail bond of Rs 10,000 with two sureties.
Summary
Harendra Kumar was arrested in connection with a robbery and shooting incident in Sonhan where the informant's brother died. He was charged under Sections 309(6) and 103(1) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The prosecution's case relied on the FIR and the fact that three persons intercepted the informant, but the informant did not identify Harendra. The defence argued that a co‑accused’s confessional statement admitted that he alone fired at the victim and that no material was recovered from Harendra, who had been in custody since 7 August 2025. The court examined the lack of direct evidence against the petitioner and, considering the circumstances, decided to grant bail on a bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences charged.
- Whether the confessional statement of a co‑accused and the absence of direct identification constitute sufficient ground to deny bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 309(6)
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- confessional statement
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87202 of 2025
Arising Out of PS. Case No.-147 Year-2025 Thana- SONHAN District- Kaimur (Bhabua)
======================================================
Harendra Kumar @ Halendra Kumar Son of Chhathu Ram Resident of
village- Sion, Ps- Bhabua, Dist- Kaimur at Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Sonhan P.S. Case No. 147 of 2025 registered for the offence
punishable under Sections 309(6) of the B.N.S., 2023 and Section
27 of the Arms Act and added Section 103(1) of the B.N.S., 2023.
3. The case of the prosecution is that the informant
was moving on a Luna motorcycle in the market, when three
persons on another motorcycle intercepted him, snatched his
bag, and opened fire. During the course of treatment, the
informant’s brother, namely, Yudhisthir Seth, succumbed to his
injuries. The FIR was lodged against unknown miscreants.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
Patna High Court CR. MISC. No.87202 of 2025(3) dt.30-01-2026
2/2
offence. He has been falsely implicated in this case. During the
course of investigation, co-accused namely, Ritik Roushan @
Bobby in his confessional statement has stated that he himself
fired at the back of Yudhisthir Seth. It is also contended that the
informant did not identify the petitioner. He further submits that
nothing has been recovered from his conscious possession. Save
and except the confessional statement of co-accused, there is
nothing against the petitioner. Moreover, the petitioner is
languishing in judicial custody since 07.08.2025.
5. The application for bail is opposed by learned APP
for the State.
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 Chief
Judicial Magistrate, Kaimur at Bhabua in connection with Sonhan
P.S. Case No. 147 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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