Patna High Court
Rajdev SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Anticipatory bail was granted as the petitioner’s only alleged involvement was based on a co‑accused’s confession and no other incriminating material was found.
Summary
The petitioner, Rajdev Sharma, filed an anticipatory bail application fearing arrest in a murder case (Jalalpur P.S. Case No. 39 of 2025) involving offences under Sections 103(1) and 238 of the BNS and Section 27 of the Arms Act. The FIR named unknown miscreants, but a co‑accused, Pankaj, gave a confessional statement that implicated the petitioner. No other material evidence against the petitioner was presented, and he has no prior criminal record. The State opposed bail, arguing the seriousness of the offences. The High Court, after considering the lack of substantive evidence and the petitioner’s clean record, ordered that the petitioner be enlarged on bail upon surrender within four weeks, subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the BNSS. The order effectively grants anticipatory bail to the petitioner.
Issues considered
- Whether anticipatory bail should be granted when the only allegation against the petitioner stems from a co‑accused’s confessional statement.
- Whether the petitioner’s lack of prior criminal antecedents and absence of direct evidence warrant bail despite the seriousness of the alleged offences.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 103(1), 238
Subjects
- anticipatory bail
- confessional statement
- murder case
- arms act
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18195 of 2026
Arising Out of PS. Case No.-39 Year-2025 Thana- JALALPUR District- Saran
======================================================
Rajdev Sharma Son of Lagan thakur @ Lagan Sharma @ Ramlagan Sharma
R/o - Bhusanw - Hariharpur, P.S. - Baniyapur, Dist. - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Jalalpur P.S. Case No. 39 of 2025 instituted for
the offence under Sections 103(1) & 238 of the BNS and under
Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that Ashraf
and Farooque were murdered by unknown miscreants.
4. Learned counsel for the petitioner has submitted
that the FIR was lodged against unknown miscreants. During
course of investigation it transpires from paragraph ‘179’ of the
case diary that co-accused Pankaj has given his confessional
statement and the name of this petitioner has surfaced in the
confessional statement of Pankaj. It has further been submitted
Patna High Court CR. MISC. No.18195 of 2026(2) dt.18-03-2026
2/2
that save and except the confessional statement of co-accused,
there is nothing against the petitioner. It has further been
submitted that the co-accused who has taken name of this
petitioner has been granted bail by this Court vide Cr. Misc. No.
46632 of 2025. Learned counsel for the petitioner has further
submitted that the petitioner is having no criminal antecedent.
5. Learned APP for the State has vehemently opposed
the bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Jalalpur P.S. Case No. 39 of 2025, he will be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of learned J.M.- 1st Class, Saran, subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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