Patna High Court
Hari Om Kumar @ HariomversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted to the petitioner.
Summary
Hari Om Kumar applied for anticipatory bail after being implicated in a case (Balwahat P.S. Case No.22 of 2025) involving alleged extortion, discharge of firearms and injury to a person. The prosecution charged him under several sections of the B.N.S. and Section 27 of the Arms Act. The petitioner claimed innocence, stating that his name appeared only in the self‑inculpatory statement of a co‑accused and that he has no prior criminal record. The State opposed the bail, arguing the seriousness of the allegations. The Court, after considering the material, declined to grant anticipatory bail, dismissed the application and ordered the petitioner to surrender within two weeks or face arrest.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the charges and the evidence presented.
Legislation cited
Subjects
- anticipatory bail
- extortion
- arms act
- bail jurisprudence
- self‑inculpatory statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88453 of 2025
Arising Out of PS. Case No.-22 Year-2025 Thana- Balwahat District- Saharsa
======================================================
Hari Om Kumar @ Hariom Son of Fekan Paswan Resident of Village -
Saraunja Ward No.- 09, P.S.- Balwahat, District - Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amarnath Jha, Advocate
For the Opposite Party/s : Mr.Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Balwahat P.S. Case No. 22 of 2025 instituted under
Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109, 352
of the B.N.S. and Section 27 of the Arms Act.
3. As per the prosecution case, the alleged incident
pertains to extortion, during the course of which gunshots were
fired, resulting in injury to one person.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. It is further submitted that the name of the petitioner has
come in the self-inculpatory statement of the co-accused.
Petitioner has no criminal antecedent.
Patna High Court CR. MISC. No.88453 of 2025(2) dt.15-01-2026
2/2
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the allegations levelled against the
petitioner, I am not inclined to grant anticipatory bail to the
petitioner.
7. Accordingly, this application stands dismissed.
8. The petitioner is directed to surrender within two
weeks from today and pray for regular bail, failing which the
Superintendent of Police, Saharasa will take all steps for arrest
of the petitioner.
9. Let a copy of this order be communicated to the
Superintendent of Police, Saharasa through FAX or e-mail for
its compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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