Harash Pandey @ Harash Raj @ Harsh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58824 of 2025 Arising Out of PS. Case No.-401 Year-2025 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Harash Pandey @ Harash Raj @ Harsh Pandey S/o Santosh Pandey R/o Village- Paigambarpur Kolhua Satsang Nagar, P.S.- Ahiyapur, DistrictMuzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-09-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 303(2), 352, 351(2), 351(3) of the B.N.S. and Section 27 of the Arms Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that he along with other boys were playing cricket when named accused persons including the petitioner came along with 20 unknown accused and Bullu was carrying a pistol. Further, the accused persons caught Sittu and were dragging him away when informant objected on which Bullu fired but missed and

Patna High Court CR. MISC. No.58824 of 2025(2) dt.09-09-2025 2/3 the second shot miss fired, thereafter Bullu assaulted the informant by butt of pistol on head causing injury. Thereafter, all the accused started assaulting him by wicket while his friend Utkarsh was videographing the occurrence, but he was also assaulted, thereafter accused assaulted Sonu also.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that on account of dispute while playing cricket and altercation took place in which both sides assaulted each other. It is further submitted that though Bullu fired but then no one was injured. It is next submitted that allegation of firing is exaggerated. It is also submitted that even presuming what has been alleged is true without admitting, then no specific allegation of assault is alleged against the petitioner. It is also submitted that petitioners will not abscond rather will cooperate in the investigation to prove his innocence.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail

Patna High Court CR. MISC. No.58824 of 2025(2) dt.09-09-2025 3/3 on his furnishing bail-bonds in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Muzaffarpur in connection with Ahiyapur P. S. Case No.401 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C. with a condition that one of the bailors of the petitioner shall be his father namely, Santosh Pandey

7. The application stands allowed.

8. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.

9. Let a copy of this order be sent to the concerned Police Station through the learned trial Court. (Satyavrat Verma, J) vikash/- U T