Patna High Court
Mahadev SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v)
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
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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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