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Patna High Court

Sonu Sharma @ Sumit Kumar SharmaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to regular bail as the allegations against him do not demonstrate personal participation in the violence and he has a right to liberty pending trial.

Summary

The petitioner, Sonu Sharma, sought regular bail in a case involving numerous offences under the Bihar Penal Code, arising from a police attempt to execute a non‑bailable warrant. The prosecution alleged that when police arrived, a crowd of five persons violently resisted, attacking the police with lathis, rods and swords. The petitioner contended he did not partake in the violence, asserting that the sole allegation against him was that he fled the scene and that he had suffered no injury to any person. He highlighted that a co‑accused, Keshav Kumar, had already been granted bail in a similar matter, and emphasized his prolonged judicial custody since 12‑12‑2025. The State opposed bail, citing the petitioner’s criminal antecedent of eleven pending cases. After considering the facts, the court found the petitioner’s claim credible and ordered his release on regular bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, Samastipur.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the existence of a non‑bailable warrant and multiple charges under the Bihar Penal Code.
  • Whether the petitioner’s alleged involvement in the violent resistance to police arrest justifies denial of bail.
  • Whether the petitioner’s criminal antecedent of eleven pending cases warrants refusal of bail.

Subjects

  • regular bail
  • non‑bailable warrant
  • criminal antecedent
  • police resistance
  • Bihar Penal Code
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12435 of 2026
                  Arising Out of PS. Case No.-200 Year-2025 Thana- MUSRIGHRARI District- Samastipur
                 ======================================================
                 Sonu Sharma @ Sumit Kumar Sharma, S/O Virendra Sharma @ Virendra
                 Kumar Ray @ Nanki Sharma, R/O Village- Morba Ray Tol, P.S-
                 Musarigharari, Distt.- Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pramod Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   08-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 191(2),

                   191(3), 190, 126(2), 115(2), 118(1), 109, 121(1), 121(2), 132, 262,

                   352 and 351(2) of BNS.

                                3. The case of the prosecution is that the police has

                   gone to execute the non bailable warrant issued against the

                   petitioner who was accused in G.R. Case No. 269/09. It is alleged

                   that when the police reached there, five persons started protesting

                   the arrest of the petitioner and they became violent and attacked

                   the police with lathi, rod, sword etc.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned
             Patna High Court CR. MISC. No.12435 of 2026(3) dt.08-04-2026
                                                         2/2




                       counsel for the petitioner has submitted that the only allegation

                       against the petitioner is that he fled away. He has not assaulted

                       any person. It has further been submitted that police has received

                       simple injury. It has also been submitted that co-accused Keshav

                       Kumar has been granted bail by this Court vide Cr. Misc. No.

                       12890 of 2026. The case of this petitioner stands on better footing.

                       Moreover, he is languishing in judicial custody since 12.12.2025.

                                    5. Learned APP appearing for the State has vehemently

                       opposed the prayer of regular bail and has submitted that

                       petitioner is having criminal antecedent of eleven cases.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be released on bail in connection with

                       Musrigharari P.S. Case No. 200 of 2025 on furnishing bail bond of

                       Rs.10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned Chief Judicial Magistrate,

                       Samastipur.


                                                     (Ashok Kumar Pandey, J)

lata/-
U        T


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