Patna High Court
Hare Ram Kumar @ Hari OmversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond of Rs.10,000, two sureties, and specific conditions regarding trial cooperation and non‑tampering with evidence.
Summary
Hare Ram Kumar was arrested on 15 March 2025 in connection with a FIR dated 13 March 2025 alleging that he, along with co‑accused, fired weapons in front of Sadanand Rai’s house, injuring three persons and leading to the recovery of a loaded pistol and ammunition. He faces charges under Sections 132, 126(2), 109, 3(5) of the B.N.S and Sections 25(1‑B), 26, 35, 27 of the Arms Act, as well as a pending case under Section 103(1) of the B.N.S. The petitioner claimed innocence and argued that the seizure list did not bear his signature, seeking bail. The State opposed bail, citing the seriousness of the offences and the pending case. The Court, after considering the facts, period of custody and the petitioner’s cooperation, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding trial attendance, non‑tampering with evidence or witnesses, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the gravity of the offences under the B.N.S and Arms Act and the existence of a pending case.
- Whether the lack of the petitioner's signature on the seizure list affects the validity of the seizure and the bail application.
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- B.N.S
- seizure list
- conditions of bail
- pending case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9930 of 2026
Arising Out of PS. Case No.-166 Year-2025 Thana- NAUBATPUR District- Patna
======================================================
Hare Ram Kumar @ Hari Om S/O Awadhesh Singh @ Awadhesh Sharma @
Bhutali Sharma R/O Choti Tangrela, P.s.- Naubatpur, District- Patna
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Samrendra Kumar Jha, Advocate
For the State : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 06-04-2026 Heard Mr. Samrendra Kumar Jha, learned counsel
for the petitioner and Mr. Shailendra Kumar, learned APP for
the State.
2. Petitioner seeks bail, who is in custody since
15.03.2025, in connection with Naubatpur P.S. Case No. 166 of
2025, F.I.R. dated 13.03.2025 registered for the offences
punishable under Sections 132, 126(2), 109, 3(5) of the B.N.S
and Section 25(1-B), 26, 35, 27 of the Arms Act.
3. Allegation against the petitioner is that he along
with other co-accused fired in front of the house of Sadanand
Rai and three persons sustained injuries and one country made
loaded pistol containing five live cartridges and four live
cartridges in another magazine were recovered from his
possession.
Patna High Court CR. MISC. No.9930 of 2026(3) dt.06-04-2026
2/4
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It appears from the F.I.R. that the petitioner was
also accused in Naubatpur P.S. Case No. 167 of 2025 under
Sections 103(1) of the B.N.S. and other Sections of the B.N.S.
and from perusal of the F.I.R. which is produced by the
petitioner in connection with Naubatpur P.S. Case No. 167 of
2025 which suggests that the petitioner was main accused in the
aforesaid case i.e. Naubatpur P.S. Case No. 167 of 2025 and the
eye witness (injured person) has clearly stated that the petitioner
has fired upon the deceased and the present F.I.R. was instituted
in connection with Naubatpur P.S. Case No. 167 of 2025 and it
appears from the seizure list that one country made pistol and
nine live cartridges and two pieces pistol magazine were
recovered from the possession of the petitioner. Learned
counsel for the petitioner submits that although the seizure list
was prepared but from perusal of the seizure list which suggests
that the recovery has been made from the possession of the
petitioner but there was no sign on the seizure list of the
petitioner. He further submits that the police after investigation
submitted chargesheet against the petitioner and the petitioner is
in custody since 15.03.2025.
Patna High Court CR. MISC. No.9930 of 2026(3) dt.06-04-2026
3/4
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries one more case
other than the present one.
6. Considering the facts and circumstances of the case
as well as period of custody, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned ACJM-VI, Danapur, Patna in connection
with Naubatpur P.S. Case No. 166 of 2025, subject to the
following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
Patna High Court CR. MISC. No.9930 of 2026(3) dt.06-04-2026
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criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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