Patna High Court
Bhola Sharma @ Chandan Kumar @ Bhol SharmversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail cannot be granted to the petitioners as they have been declared absconders under Section 82 Cr.P.C.
Summary
The petitioners, four residents of Lakhipur village, applied for anticipatory bail in a criminal case (PS Case No. 29 of 2020) involving offences under Sections 147, 148, 149, 341, 323, 504, 354, 307 and 506 of the Indian Penal Code. The State opposed the bail, pointing out that a Section 82 Cr.P.C. order dated 27‑03‑2023 had declared the petitioners absconders. The petitioners argued they had clean antecedents and that the incident arose from a dispute while playing cricket, with allegations of assault and attempted molestation. The Court examined the fact that the absconding order was issued three years after the FIR and considered the seriousness of the charges. Concluding that the Section 82 declaration precludes the grant of anticipatory bail, the Court rejected the petitioners' prayer for bail.
Issues considered
- Whether anticipatory bail can be granted to persons declared absconders under Section 82 of the Criminal Procedure Code
- Whether the nature of the offences and the petitioners' clean antecedent justify the grant of anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 82
- Indian Penal Code — s. 147, 148, 149, 307, 323, 341, 354, 504, 506
Subjects
- anticipatory bail
- absconding
- Indian Penal Code
- Criminal Procedure Code
- Section 82
- bail denial
- criminal offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14421 of 2026
Arising Out of PS. Case No.-29 Year-2020 Thana- SALIMPUR District- Patna
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1. Bhola Sharma @ Chandan Kumar @ Bhol Sharm Son of Upendra Sharma
Resident of Village - Lakhipur, P.S. - Salimpur, Dist. - Patna, Bihar.
2. Lakshman Sharma @ Lakshman Kumar Son of Sahdeo Sharma Resident of
Village - Lakhipur, P.S. - Salimpur, Dist. - Patna, Bihar.
3. Dhiraj Sharma @ Dhiraj Kumar S/o Late Sahdeo Sharma Resident of
Village - Lakhipur, P.S. - Salimpur, Dist. - Patna, Bihar.
4. Laljee Sharma @ Maniraj Kumar @ Laljee Son of Uday Kumar @ Vijay
Sharma Resident of Village - Lakhipur, P.S. - Salimpur, Dist. - Patna, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sameer Sawarn
For the Opposite Party/s : Mr.Bharat Lal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-03-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in Salimpur P. S. Case No.29 of 2020 registered for the
offences punishable under Sections 147, 148, 149, 341, 323,
504, 354, 307, 506 of the B.N.S.
3. The learned A.P.P., at the outset, submits that from
perusal of the order impugned, it would manifest that process
under Section 82 Cr.P.C. has been issued on 27.03.2023, which
amply demonstrates that petitioners are absconder and the case
Patna High Court CR. MISC. No.14421 of 2026(2) dt.31-03-2026
2/2
is of the Year 2020.
4. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and are co-
villagers and on account of dispute between the children while
playing cricket, the occurrence is alleged to have taken place
and the informant alleges that petitioner no.1 tried to molest his
wife and when the informant protested, all the accused assaulted
him by farsa, lathi, danda causing injury on head while
petitioner no.2 assaulted his son by an iron rod causing injury on
head.
5. After hearing the learned counsel for the parties, it
manifests that the case is of the Year 2020 and the process under
Section 82 Cr.P.C. was issued in the Year 2023 declaring the
petitioners as absconder, as such, the Court is not inclined to
extend the privilege of anticipatory bail to the petitioners.
6. The prayer of the petitioners for anticipatory bail
stand rejected.
(Satyavrat Verma, J)
vikash/-
U T
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