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Patna High Court

Brjesh Sharma @ Brajesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to a bail bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

Brajesh Sharma was arrested in a case where co‑accused Chunnu Panday and Ankit Pandey fired a pistol at an informant, causing injuries. The FIR alleges Sharma instigated the firing, charging him under Sections 190(1), 118(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, but no specific overt act is ascribed to him. Sharma’s counsel argued that he is innocent and only alleged to have encouraged the act, seeking anticipatory bail. The State opposed the bail, contending the seriousness of the accusations. The Court, noting the lack of a direct assault by Sharma and the nature of the charge, granted anticipatory bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directs that if Sharma is arrested within eight weeks, he be released on bail on compliance with the stipulated conditions.

Issues considered

  • Whether anticipatory bail can be granted when the petitioner is alleged only to have instigated the offence without committing an overt act.
  • Whether the charges under Sections 190(1), 118(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act justify denial of anticipatory bail.
  • Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita permits the court to impose bail conditions in this case.

Legislation cited

Subjects

  • anticipatory bail
  • instigation
  • firearms injury
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12309 of 2026
                    Arising Out of PS. Case No.-750 Year-2025 Thana- AURANGABAD TOWN District-
                                                       Aurangabad
                 ======================================================
                 Brjesh Sharma @ Brajesh Kumar S/o Late Surendra Sharma R/o Village -
                 Khudwan, P.S - Khudwan, District - Aurangabad

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Prince Kumar Mishra, Advocate
                                                Ms. Priyanka Kumari, Advocate
                 For the Opposite Party/s :     Mr. Nirmal Kumar Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-02-2026                   Heard learned counsel for the petitioner and the State.

                                 2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 190(1), 118(2), 3(5) of

                   the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

                                 3. As per F.I.R., on the instigation of this petitioner,

                   co-accused Chunnu Panday and Ankit Pandey fired pistol upon

                   the informant as a result of which he sustained firearms injuries.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Specific

                   accusation of firing is against co-accused Chunnu Panday and

                   Ankit Pandey and petitioner is only alleged to have instigated

                   them to fire upon the informant. There is absolutely no

                   allegation of any specific overt act against petitioner.
              Patna High Court CR. MISC. No.12309 of 2026(2) dt.24-02-2026
                                                          2/2




                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering the nature of accusation and the fact

                        that petitioner is not an assailant of the informant, this

                        anticipatory bail is allowed and it is ordered that let the above

                        named petitioner in the event of his arrest/surrender before the

                        court below within a period of eight weeks from today, be

                        enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

                        thousand) with two sureties of the like amount each to the

                        satisfaction of Chief Judicial Magistrate, Aurangabad in

                        connection with Aurangabad Town P. S. Case No. 750 of 2025,

                        subject to condition as laid down under Section 482(2) of the

                        Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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