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Patna High Court

Mahadev SharmaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the order denying bail is set aside and the appellant is released on bail.

Summary

Mahadev Sharma was convicted in a case (Bihra PS No.69/2025) for alleged involvement in the murder of an informant’s son, charged under sections 191(2), 191(3), 190, 103(1), 61(2) of the Bihar Non‑Applicable (BNS) Act, Section 27 of the Arms Act and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that Sharma, along with co‑accused, surrounded the victim, fired indiscriminately and caused his death. Sharma pleaded innocence, argued lack of prior criminal record, and pointed to the grant of bail to similarly situated co‑accused in Cr. Appeal (S.J.) No.4604 of 2025. The Special Public Prosecutor opposed bail. The Patna High Court, considering the period of custody and the interest of justice, set aside the lower court’s order denying bail and granted Sharma bail on a bond of Rs.10,000 with two sureties, noting that the observations were prima facie and not determinative of the trial’s merits.

Issues considered

  • Whether the appellant is entitled to bail despite serious charges under the BNS Act, Arms Act and SC/ST (Prevention of Atrocities) Act.
  • Whether the appellant’s lack of prior criminal antecedents and the bail granted to co‑accused justify release on bail.
  • Whether the nature of the alleged offence and the period of custody warrant denial of bail.

Legislation cited

Subjects

  • bail
  • murder
  • SC/ST Act
  • Arms Act
  • criminal procedure
  • caste based violence
  • Bihar law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4902 of 2025
                        Arising Out of PS. Case No.-69 Year-2025 Thana- BIHRA District- Saharsa
                 ======================================================
                 Mahadev Sharma S/o Jeevan Sharma R/o Village- Bela Bagrauli, Ps- Bihra,
                 District - Saharsa

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Chulhai Paswan S/o Late Rameshwar Paswan R/o vill- Bela Bagrauli, P.S.-
                 Bihra, Distt. - Saharsa

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Chandra Mohan Jha
                 For the Respondent/s    :        Ms. Usha Kumari 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   02-04-2026                 Heard learned counsel for the appellant and learned

                   Special Public Prosecutor for the State.

                               2. The present appeal has been filed by the appellant

                   against the order dated 03.11.2025 passed by the Additional

                   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, registered 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. Briefly stated, the prosecution case is that the

                   informant’s son was traveling to Saharsa on his motorcycle
Patna High Court CR. APP (SJ) No.4902 of 2025(3) dt.02-04-2026
                                             2/3




          when the accused persons allegedly surrounded him. The co-

          accused Md. Abdul Rehman is alleged to have fired at the chest

          of the informant’s son, causing him to fall to the ground.

          Thereafter, the appellant along with other co-accused allegedly

          continued indiscriminate firing, resulting in the death of the

          informant’s son. The informant further alleges that the main

          conspirator in the incident is the co-accused Pradeep Kumar

          Thakur.

                       4. Learned counsel for the appellant submits that the

          appellant is innocent and has been falsely implicated. It is

          submitted that the charge-sheet has already been filed. It is

          further submitted that the appellant did not take the caste name

          of the informant in public and had no intention to disgrace the

          informant. The allegations against the appellant are general in

          nature. The appellant is in custody since 23.03.2025 and has no

          prior criminal antecedents. It is further submitted that similarly

          situated co-accused persons were granted bail by this Court in

          Cr. Appeal (S.J.) No. 4604 of 2025 on 26.03.2026.

                       5. Learned Special Public Prosecutor for the State has

          opposed the grant of bail.

                       6. Considering the above facts, the period of custody,

          and in the interest of justice, this Court is inclined to allow the
            Patna High Court CR. APP (SJ) No.4902 of 2025(3) dt.02-04-2026
                                                         3/3




                      appeal. Accordingly, the appeal is allowed, and the order dated

                      03.11.2025 passed by the Additional 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. Accordingly, the appellant is directed to be released

                      on bail upon furnishing a bail bonds of Rs. 10,000/- (Rupees

                      Ten Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Court below where the case is

                      pending/successor Court in connection with Bihra P.S. Case No.

                      69 of 2025.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                               (Sandeep Kumar, J)
Shishir/-

U       T


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