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Patna High Court

Harendra Kumar @ Halendra KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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