Patna High Court
Harun Gaddi @ Harun MiyanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court dismissed the anticipatory bail application, holding that the case was not suitable for such relief.
Summary
The petitioners, four individuals from East Champaran, applied for anticipatory bail fearing arrest in a case registered under IPC sections 341, 379, 307/34 and Section 27 of the Arms Act. The prosecution alleges that they assaulted an informant and extorted Rs. 41,000. The petitioners contended that no assault occurred, no weapon was recovered from them, and that two of them have clean antecedents while the others have only one prior offence. The State opposed the anticipatory bail, arguing the seriousness of the allegations. The High Court, after hearing both sides, held that the facts did not warrant anticipatory bail, dismissed the application, and ordered the petitioners to surrender within two weeks to seek regular bail, failing which the police would arrest them.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the alleged offences
- Whether the nature of the offences (including assault, theft, attempt to murder and violation of the Arms Act) disqualifies the petitioners from anticipatory bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 34, 341, 379
Subjects
- anticipatory bail
- Criminal Procedure Code
- Indian Penal Code
- Arms Act
- bail
- surrender
- East Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89801 of 2025
Arising Out of PS. Case No.-10 Year-2020 Thana- PALANWA District- East Champaran
======================================================
1. Harun Gaddi @ Harun Miyan S/o Late Mukim Gaddi R/o Vill- Siswaniya,
P.S.- Palanwa, Distt- East Champaran
2. Jahur Alam Gaddi S/o Late Mahanth Gaddi R/o Vill- Babuiya, P.S.-
Palanwa, Distt- East Champaran
3. Khush Mohammad Gaddi @ Khush Mahumd Gaddi S/o Sipahi Gaddi R/o
Vill- Babuiya, P.S.- Palanwa, Distt- East Champaran
4. Jiralal Gaddi S/o Jahur Alam Gaddi @ Jahur Gaddi R/o Vill- Babuiya, P.S.-
Palanwa, Distt- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manjeet Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection
with Palanwa P.S. Case No. 10 of 2020 instituted under
Sections 341, 379 and 307/34 of the I.P.C. and Section 27 of
the Arms Act.
3. As per the prosecution case, petitioners are
accused of injuring informant and taking Rs. 41,000/- from
him.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.89801 of 2025(2) dt.04-02-2026
2/2
the petitioners have not assaulted anyone and nothing has been
recovered from their conscious possession. Petitioner nos. 2
and 3 have clean antecedent and petitioner nos. 4 and 1 have
one criminal antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioners.
6. Considering the allegations levelled against the
petitioners, this is not a fit case for grant of anticipatory bail.
7. Accordingly, the application stands dismissed.
8. The petitioners are directed to surrender within two
weeks from today and pray for regular bail, failing which the
Superintendent of Police, East Champaran will take all steps for
arrest of the petitioners.
9. Let a copy of this order be communicated to the
Superintendent of Police, East Champaran through FAX or e-
mail for its compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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