Patna High Court
Ashok Kumar Sharma @ Ashok SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners.
Summary
The petitioners, Ashok Kumar Sharma and Binay Kumar Sharma, co‑villagers involved in a land dispute, were named in FIR No.879/2025 for alleged assault on an informant and his brother using a pistol butt and iron rod. They sought anticipatory bail, arguing the incident stemmed from the land dispute, the injury was minor, the FIR was delayed, and CCTV footage did not show the alleged weapon. The State opposed the bail, citing specific charges under sections 126(2), 115(2), 329(3), 109(1), 352, 351(2) and 3(5) of the B.N.S. 2023. The Court noted the prior dispute, the petitioners’ age (one a retired professor), the simple nature of the injury, and the lack of clear video evidence, and therefore granted anticipatory bail subject to a bond and sureties. The order directs the petitioners to furnish a bail bond of Rs 10,000 with two sureties each, under Section 482(2) of the B.N.S. 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S. 2023 in view of the alleged assault and related charges.
Legislation cited
- B.N.S., 2023 — s. 109, 115, 126, 3, 329, 351, 352, 482
Subjects
- anticipatory bail
- land dispute
- assault
- Section 482
- Bihar criminal law
- CCTV evidence
- FIR delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18068 of 2026
Arising Out of PS. Case No.-879 Year-2025 Thana- VAISHALI District- Vaishali
======================================================
1. Ashok Kumar Sharma @ Ashok Sharma Son of Late Rajendra Prasad
Sharma Resident of Village - Dharampur, P.S.- Vaishali, District - Vaishali,
Bihar.
2. Binay Kumar Sharma Son of Late Rajendra Prasad Sharma Resident of
Village - Dharampur, P.S.- Vaishali, District - Vaishali, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Aditi Sharma, Advocate
For the Opposite Party/s : Mr.Md. Aslam Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 08-04-2026 1. Heard the parties.
2. The petitioners apprehend their arrest in connection with
Vaishali P.S. Case No. 879 of 2025 dated 12.12.2025 registered
under Sections 126(2), 115(2), 329(3), 109(1), 352, 351(2), 3(5)
of the B.N.S. 2023.
3. As per the first information report on 11.12.2025 at around
3:30 P.M. while the informant was sitting at his door and
construction work upon his land was going on, the petitioners
arrived there, abused him and assaulted by means of butt of
pistol and iron rod and when the brother of the informant Sanjay
Kumar Dixit intervened, he was also assaulted by the
petitioners.
Patna High Court CR. MISC. No.18068 of 2026(2) dt.08-04-2026
2/3
4. Ms. Aditi Sharma, learned counsel for the petitioners
submits that both the parties are co-villagers and there is land
dispute between them. The dispute between the parties is with
regard to a passage passing through the land of the petitioners.
There is delay in lodging the F.I.R. inasmuch the occurrence has
taken place on 11.12.2025 at about 3:30 P.M. but the F.I.R. has
been lodged after delay of 24 hours on 12.12.2025 at about 4:00
P.M. On 12.12.2025 at 5:45 A.M. in the morning the informant’s
side tried to break the main gate of petitioners’ house and enter
into the house and started abusing their staff and other persons
by calling the caste name. The petitioners’ side lodged an F.I.R.
on the very same day bearing Vaishali P.S. Case No. 880 / 2025
i.e. on 12.12.2025 at about 4:05 P.M. The injury sustained by the
informant is simple in nature. Learned counsel next submits that
C.C.T.V. footage does not show use of iron rod and it merely
shows only altercation and scuffle between the parties. The
petitioner no. 1 is a retired professor and the petitioner no. 2 is a
well established businessman.
5. Learned counsel for the informant and State opposed the
prayer for anticipatory bail and submits that petitioners are
named in the F.I.R. and there is specific allegation against them.
6. Regard being had to the submission made by the parties,
Patna High Court CR. MISC. No.18068 of 2026(2) dt.08-04-2026
3/3
taking into consideration the fact that both the parties are
co-villagers having previous land dispute, the side of the
petitioners also filed case against the informant’s side on the
date of lodging of the F.I.R. by the informant, injury sustained
by the informant is simple in nature and the petitioner no. 1 is a
retired professor aged about 65 years, accordingly, I am inclined
to grant anticipatory bail to the petitioners.
7. Let the petitioners, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each
with two sureties of the like amount each to the satisfaction of
Additional Sessions Judge -10, Vaishali, Hajipur in connection
with Vaishali P.S. Case No. 879 of 2025 subject to the condition
as laid down under Section 482 (2) of the B.N.S.S. 2023.
(Anil Kumar Sinha, J)
praful/-
U T
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