Patna High Court
JAI RAM SHARMA @ JAYRA SHARMAversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The appeal is allowed; the order refusing anticipatory bail is set aside and anticipatory bail is granted subject to conditions.
Summary
The case involves eight members of the Sharma family accused under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and several sections of the Bihar Nagarik Suraksha Act, 2023 for alleged assault and molestation of an informant and her relatives on 24 May 2025. The appellants argued that they were falsely implicated, that the FIR was lodged after a ten‑day delay and stemmed from a land dispute, and therefore sought anticipatory bail under Section 14‑A(2) of the SC/ST Act. They also requested withdrawal of the appeal for two of the accused. The Patna High Court set aside the trial court’s order refusing anticipatory bail, granted bail on bond and surety conditions under Section 482(2) of the BNSS, and permitted the withdrawal of the appeal for the two appellants. Consequently, the appeal was allowed.
Issues considered
- Whether anticipatory bail should be granted to the accused under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act.
- Whether the trial court’s refusal to grant anticipatory bail was legally erroneous.
- Whether the delay in filing the FIR and the alleged false implication affect the validity of the prosecution’s case.
- Whether the appeal can be withdrawn for specific appellants and bail granted upon surrender.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- land dispute
- withdrawal of appeal
- Section 14-A
- high court inherent powers
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3468 of 2025
Arising Out of PS. Case No.-21 Year-2025 Thana- SC/ST District- Araria
======================================================
1. JAI RAM SHARMA @ JAYRA SHARMA S/O LATE SUBODH LAL
SHARMA RESIDENT OF VILLAGE- ACHRA, WARD NO 08, PS-
FULKAHA, DISTRICT- ARARIA
2. SUMAN SHARMA S/O JAYRAM SHARMA @ JAYRA SHARMA
RESIDENT OF VILLAGE- ACHRA, WARD NO 08, PS- FULKAHA,
DISTRICT- ARARIA
3. JIVAN SHARMA S/O JAYRAM SHARMA @ JAYRA SHARMA
RESIDENT OF VILLAGE- ACHRA, WARD NO 08, PS- FULKAHA,
DISTRICT- ARARIA
4. SULOCHANA DEVI W/O JAYRAM SHARMA @ JAYRA SHARMA
RESIDENT OF VILLAGE- ACHRA, WARD NO 08, PS- FULKAHA,
DISTRICT- ARARIA
5. USHA DEVI W/O SUMAN SHARMA RESIDENT OF VILLAGE-
ACHRA, WARD NO 08, PS- FULKAHA, DISTRICT- ARARIA
6. SANJU DEVI W/O JIVAN SHARMA RESIDENT OF VILLAGE-
ACHRA, WARD NO 08, PS- FULKAHA, DISTRICT- ARARIA
7. SONI DEVI @ SONI KUMARI W/O PANKAJ SHARMA @ PANKAJ
KUMAR SHARMA RESIDENT OF VILLAGE- ACHRA, WARD NO 08,
PS- FULKAHA, DISTRICT- ARARIA
8. PANKAJ SHARMA @ PANKAJ KUMAR SHARMA S/O JAYRAM
SHARMA @ JAYRA SHARMA RESIDENT OF VILLAGE- ACHRA,
WARD NO 08, PS- FULKAHA, DISTRICT- ARARIA
... ... Appellant/s
Versus
1. THE STATE OF BIHAR
2. GUDDI DEVI W/O DEEPAK RAM RESIDENT OF VILLAGE- ACHRA,
WARD NO 09, PS- FULKAHA, DISTRICT- ARARIA
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Gopal Kumar Jha, Advocate
For the Respondent/s : Mr. Binay Krishna, Special PP
For the Informant : Mr. Jamaluddin Ahmad Khan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 02-04-2026 1. Heard learned counsel for the appellants, learned
Spl. P.P. for the State, Mr Binay Krishna and the learned counsel
Patna High Court CR. APP (SJ) No.3468 of 2025(4) dt.02-04-2026
2/4
appearing on behalf of the informant.
2. The learned counsel appearing on behalf of the
appellants, after some arguments, seeks permission to withdraw
the appeal with respect to appellant nos. 3 and 8 Jivan Sharma
and Pankaj Sharma respectively, with liberty to surrender and
seek regular bail.
3. Permission is accorded.
4. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST
Act”) against the refusal of prayer for anticipatory bail vide
order dated 08.07.2025 in A.B.P. No. 1221 of 2025 passed by
the learned 1st Additional Sessions Judge-cum-Special Judge
S.C./S.T. (POA) Act, Araria in connection with Araria SC/ST
P.S. Case No. 21 of 2025 registered for the offences punishable
under Sections 126(2), 115(2), 352, 351(2), 117(2), 74, 303(2)
and 3(5) of the BNS, 2023 as well as Section 3(2)(va) of the
SC/ST Act.
5. Learned counsel for the appellants submits that
appellants are persons with clean antecedent and the informant
alleges that accused persons including the appellants surrounded
her and her husband on 24.05.2025 at 04:00 AM and appellant
Patna High Court CR. APP (SJ) No.3468 of 2025(4) dt.02-04-2026
3/4
no. 1 ordered to kill the informant and her husband, on which
Suman Sharma caught her from behind and Jivan assaulted her
by farsa causing injury on head, thereafter Sulochana Devi and
Usha Devi assaulted her husband by stick causing injury on
head and hand, the brother-in-law of the informant also suffered
injuries on hand and Pankaj dashed her niece on the ground and
molested her causing injuries on private part.
6. Learned counsel for the appellants submits that
the appellants have been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that even
female members of the family have been implicated with
general and omnibus allegation. It is also submitted that there is
no specific allegation of assault against Suman though appellant
no. 1 is alleged to be an order giver. It is further submitted that a
land dispute in between the parties is brewing for which an
altercation had taken place and an FIR being Fulkaha P.S. Case
No. 71 of 2025 dated 26.05.2025 came to be instituted against
the informant and her side. It is also submitted that from perusal
of the FIR, it would manifest that the date of occurrence is
24.05.2025 and the instant FIR came to be instituted on
03.06.2025 i.e. after a delay of 10 days which also casts an
Patna High Court CR. APP (SJ) No.3468 of 2025(4) dt.02-04-2026
4/4
aspersion on the case of the prosecution.
7. Learned Spl. P.P. for the State as well as the
learned counsel appearing on behalf of the informant opposes
the appeal.
8. In view of the submissions made by the learned
counsel for the appellants, the order dated 08.07.2025 in A.B.P.
No. 1221 of 2025 passed by the learned 1st Additional Sessions
Judge-cum-Special Judge S.C./S.T. (POA) Act, Araria in
connection with Araria SC/ST P.S. Case No. 21 of 2025, is
hereby set aside and the appellants above-named, in the event
of their arrest or surrender within a period of six weeks from
today, be released on anticipatory bail on furnishing bail bonds
of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of
the like amount each to the satisfaction of the learned Trial
Court where the case is pending/successor court in connection
with Araria SC/ST P.S. Case No. 21 of 2025 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
9. Accordingly, the appeal stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.