Patna High Court
Sudhama Singh @ Sudama Singh @ Sudhama SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Sudhama Singh, was implicated in a police case (No. 270 of 2025) alleging offences such as theft, assault, and criminal intimidation under various sections of the Bhartiya Nyaya Sanhita, 2023. He contended that the allegations were vague, stemmed from a land dispute, and that co‑accused persons had already been granted anticipatory bail by a coordinate bench. The petitioner argued that there was no specific charge against him and that a pending title suit highlighted the dispute. The court noted the general nature of the accusation, the bail already granted to co‑accused, and found merit in the petitioner's claim of innocence. Consequently, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties if arrested within four weeks, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted when the allegations against the petitioner are general and omnibus in nature
- Whether the grant of anticipatory bail to co‑accused influences the bail decision for the petitioner
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352, 76
Subjects
- anticipatory bail
- general allegation
- land dispute
- criminal law
- Bhartiya Nyaya Sanhita
- Section 482
- assault
- theft
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18545 of 2026
Arising Out of PS. Case No.-270 Year-2025 Thana- JAMHOR District- Aurangabad
======================================================
Sudhama Singh @ Sudama Singh @ Sudhama Sharma S/o Late Jageshwar
Singh Resident of Village - Kajhwan, P.S - Jamhor, District - Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar No.6
For the Opposite Party/s : Mr.Satyendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 08-04-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Jamhore Police Station Case No. 270 of 2025,
dated03.12.2025, disclosing offences punishable under
Sections 126(2)/115(2)/117(2)/109/303(2)/76/351(2)/352/
3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that on 02.12.2025, at about 4 PM, the petitioner, along
with other co-accused persons were taking away the
bundles of paddy from the field of the informant and
when objected, the accused persons abused the informant
and co-accused, Ajay Sharma and Hareram Kumar torn
the blouse of the informant, and co-accused Ajay Sharma
Patna High Court CR. MISC. No.18545 of 2026(2) dt.08-04-2026
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assaulted her by iron rod on her head and when the
husband of the informant intervened, all the accused
persons assaulted him by iron rod and lathi. Co-accused
persons, Brahmdeo Sharma and Ajay Sharma snatched
the god chain of the informant.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
this case due to land dispute. There is case and counter
case inasmuch as co-accused Brahmdeo Sharma has filed
Jamhore Police Station Case No. 271 of 2025 against the
informant and her family members. He further submits
that Title Suit No. 293 of 2025 is also pending in between
the parties for the land dispute. He further submits that
there is no specific allegation against this petitioner and
the allegation against him is general and omnibus in
nature. He further submits that co-accused persons,
namely, Brahmdeo Sharma and Ajay Sharma, have been
granted anticipatory bail by a co-ordinate Bench of this
Court, vide order, dated 25.0302026, passed in Criminal
Misc. No. 18090 of 2026 and the case of this petitioner
stands on better footing.
5. Regards being had to the submissions advanced on behalf
Patna High Court CR. MISC. No.18545 of 2026(2) dt.08-04-2026
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of the parties and taking into consideration the fact that
the allegation against the petitioner is general and
omnibus in nature, co-accused persons have been granted
anticipatory bail by a co-ordinate Bench of this Court and
the case of the petitioner stands on better footing, I am
inclined to grant the petitioner privilege of anticipatory
bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate-VII, Aurangabad, in
connection with Jamhore Police Station Case No. 270 of
2025, subject to the condition laid down under Section
482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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