Patna High Court
Sharwan Kumar @ Sharvan Kumar @ Shrvan SahniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
The court granted anticipatory bail to the petitioner subject to the conditions stipulated under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
Sharwan Kumar (also known as Sharvan Sahni) was implicated in a case (Ujiyarpur PS No. 94 of 2025) for offences under Sections 105 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleged to have assaulted the husband of an informant and subsequently caused his death. The prosecution’s narrative described a dispute over wages, a physical assault with a stick, and the victim’s later deterioration and death after being taken to a private doctor. The petitioner contended that he was falsely implicated, that the informant buried the body without police notification, and that there was no material linking him to the death, emphasizing his clean criminal record. The State opposed the petition for anticipatory bail, arguing the seriousness of the alleged offences. After considering the submissions, the court granted anticipatory bail conditioned on surrender within six weeks, a bail bond of Rs.10,000 with two sureties, and compliance with Section 482(2) of the Bharatiya Nyaya Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the material on record sufficiently justifies arrest in connection with offences under Sections 105 and 3(5) of the Bharatiya Nyaya Sanhita
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 105, 3(5), 482(2)
Subjects
- anticipatory bail
- murder
- assault
- Bharatiya Nyaya Sanhita
- bail conditions
- evidence
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14280 of 2026
Arising Out of PS. Case No.-94 Year-2025 Thana- UJIYARPUR District- Samastipur
======================================================
Sharwan Kumar @ Sharvan Kumar @ Shrvan Sahni, S/O Surendra Sahani,
Resident of Village and P.S.- Ujiyarpur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant, Adv.
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 06-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection with
Ujiyarpur P.S. Case No. 94 of 2025 dated 26.04.2025, registered
for the offence punishable under Sections 105 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the informant
has alleged that on 22.04.2025 her husband Sukan Sada went to
the petitioner's house where he carried chaff (Bhusa) and came
home. On 23.04.2025 at around 1.00 P.M., her husband went to
the petitioner's house to ask for wages, where his husband did
not find Sharvan Sahni (petitioner), so her husband started
searching for the petitioner. While searching, he found the
petitioner along with two other persons drinking toddy at
Patna High Court CR. MISC. No.14280 of 2026(3) dt.06-05-2026
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Bajinder Paswan's toddy shop behind Raipur Math, where her
husband was also drunk toddy with them. After drinking toddy,
her husband asked the petitioner for wages, on which the
petitioner kicked and punched her husband with stick. After that
the petitioner along with his two other people came to her house
with her husband and drank Mahua liquor and after drinking
Sharvan Sahni (petitioner) left his house with his companions.
After about an hour, suddenly her husband's health deteriorated,
so she took her husband to a private doctor in Raipur Hanuman
Chowk for treatment. Seeing her husband's condition, the doctor
asked her to take him home, so she took her husband home and
after some time his husband died.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. It is submitted that that after the death of the deceased, the
informant buried his dead body without giving any information
to the police. After three days, the informant complained about
the death caused by the petitioner only on the basis of suspicion.
There is no material available in the case diary to connect the
petitioner with the death of the informant’s husband. It is
apparent from the case diary that when the husband of the
informant became unconscious, the petitioner and other
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villagers took him to the doctor for treatment. Seeing her
husband’s condition, the doctor asked to take him home so she
took her husband home and after sometime of coming to home
her husband died. There is no whisper against the petitioner
about the death of the informant’s husband. Lastly, it has been
submitted that he has no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest / surrender of the petitioner within a period of
six weeks from today, in connection with Ujiyarpur P.S. Case
No. 94 of 2025, he shall be released on anticipatory bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
S.D.J.M., Dalsingsarai, subject to condition as laid down under
Section 482(2) of B.N.S.S..
(Khatim Reza, J)
prabhat/-
U T
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