Patna High Court
Sikandra @ Siken Sharma @ Shikendra @ Sikendrar SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appellate court set aside the order refusing bail and granted bail to the appellant.
Summary
The appellant, Sikendra Sharma, was charged with murder, illegal possession of arms and an offence under the SC/ST Act for allegedly firing on the informant's son, resulting in death. The Additional Sessions Judge had denied his bail application. On appeal, the appellant argued he was falsely implicated, had no criminal antecedent, and did not insult the informant's caste, contending that the SC/ST charge was unfounded. The State opposed bail, citing the seriousness of the offences. The Patna High Court, noting the appellant's prolonged custody, lack of concrete evidence of a caste insult, and the fact that a co-accused had been granted bail in a similar case, set aside the lower court's order and granted bail on condition of a bond and sureties.
Issues considered
- Whether the appellant is entitled to bail despite charges under murder, the Arms Act and the SC/ST Act.
- Whether the alleged act constitutes an offence under Section 3(2)(v) of the SC/ST Act.
- Whether the appellant's continued custody is justified in view of the evidence and his personal circumstances.
Legislation cited
- Arms Act — s. 27
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- bail
- murder
- arms act
- SC/ST Act
- caste insult
- criminal procedure
- high court
- appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4725 of 2025
Arising Out of PS. Case No.-69 Year-2025 Thana- BIHRA District- Saharsa
======================================================
Sikandra @ Siken Sharma @ Shikendra @ Sikendrar Sharma S/o Late Badri
Sharma R/o Village - Bela Bagrauli, P.S - Bihra, District - Saharsa
... ... Appellant/s
Versus
1. The State of Bihar
2. Chulhay Paswan S/o Late Rameshwar Paswan R/o Village - Bela Bagrauli,
Ward No. 11, P.S - Bihra, District - Saharsa
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Madhav Jha, Advocate
For the Respondent/s : Mr.Usha Kumari 1, S.P.P.
Mr. Deepak Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 22-01-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and learned counsel for
the informant/Respondent No. 2 and perused the case diary.
2. The instant appeal has been filed by the appellant
against the order dated 03.11.2025 passed by Addl. Sessions
Judge-1-cum-Special Judge SC/ST Act, Saharsa, whereby the
prayer for bail of the appellant in connection with Bihra P.S.
Case No. 69 of 2025, under Sections 191(2), 191(3), 190,
103(1) and 61(2) of the BNS, Section 27 of the Arms Act and
Section 3(2)(v) of the SC/ST Act was rejected.
3. Prosecution case, in short, is that while informant’s
son was going to Saharsa on his motorcycle, on the way, the
Patna High Court CR. APP (SJ) No.4725 of 2025(3) dt.22-01-2026
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accused persons surrounded him and co-accused Md. Abdul
Rehman fired on the chest of the informant’s son due to which
he fell on the ground. Thereafter, the appellant and the co-
accused persons started indiscriminate firing on the son of the
informant due to which he died on the spot. The informant has
further alleged that the main conspirator of the alleged
occurrence is the co-accused Pradeep Kumar Thakur.
4. Learned counsel for the appellant submits that the
appellant is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
Learned counsel for the appellant further submits that the
appellant has not taken the caste name of the informant in public
view. Hence, no offence under the provisions of SC/ST Act is
made out against him. The appellant has no intention to disgrace
the image of the informant in public view. There is general and
omnibus allegation against the appellant. The appellant is in
custody since 29.03.2025 and has no criminal antecedent.
Similar co-accused has been granted bail by this Court vide
order dated 16.10.2025 passed in Cr. Appeal (S.J.) No. 2864 of
2025.
5. Learned Special P.P. for the State and the informant
have vehemently opposed the prayer for grant of bail to the
Patna High Court CR. APP (SJ) No.4725 of 2025(3) dt.22-01-2026
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appellant.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
appellant, this Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and order dated 03.11.2025
passed by Addl. Sessions Judge-1-cum-Special Judge SC/ST
Act, Saharsa, in connection with Bihra P.S. Case No. 69 of 2025
is hereby set aside.
7. Let the appellant be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bihra P.S. Case No.
69 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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