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Patna High Court

Sikandra @ Siken Sharma @ Shikendra @ Sikendrar SharmaversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/3




          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
                                                        3/3




                     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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