Patna High Court
Shashibhushan SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court refused to grant anticipatory bail to the petitioners.
Summary
The petitioners, Shashibhushan Sharma and his wife Jhunna, applied for anticipatory bail in a 2013 case (PS Case No.111) involving alleged murder, concealment of evidence, and criminal conspiracy under IPC Sections 302, 201, 120B and 34. They argued they have clean antecedents, that the deceased was the petitioner's second wife, and that they were falsely implicated. The State contended that the petitioners are absconders and that a charge‑sheet has already been filed. The court examined the seriousness of the offences, the allegation of absconding, and the pending charge‑sheet. Concluding that the circumstances did not merit the grant of anticipatory bail, the court rejected the petitioners' prayer.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438 of the CrPC given the nature of the offences (IPC 302, 201, 120B, 34) and the allegation that they are absconders with a charge‑sheet filed.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 120B, 201, 302, 34
Subjects
- anticipatory bail
- Section 438 CrPC
- IPC 302 murder
- IPC 201 evidence tampering
- IPC 120B criminal conspiracy
- IPC 34 common intention
- absconding
- charge-sheet
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18691 of 2026
Arising Out of PS. Case No.-111 Year-2013 Thana- BELHAR District- Banka
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1. Shashibhushan Sharma S/o- Maheshwari Sharma Resident of Village-
Karshop, PS- Sambhuganj, District- Banka
2. Jhunna @ Jhunka Devi @ Sangita Sharma W/o- Shashibhushan Sharma
Resident of Village- Karshop, PS- Sambhuganj, District- Banka
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pranav Kumar Jha
For the Opposite Party/s : Mr.Chandra Bhushan Prasad- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-04-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in Belhar P. S. Case No.111 of 2013 registered for the
offences punishable under Sections 302, 201 and 120B/34 of the
Indian Penal Code.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and petitioner
no.2 is a woman and the informant alleges that an unknown
body of a woman was recovered who was wearing pink sari and
her tongue was protruding from her mouth pressed with her jaw
and on account of assault, the body had fractured injuries on
back side of the head and with a view to conceal her identity
acid was poured on her face.
4. The learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.18691 of 2026(2) dt.02-04-2026
2/2
petitioners were implicated falsely in the instant case during the
course of investigation. It is also submitted that petitioner no.2
is wife of petitioner no.1 and the deceased is said to be the
second wife of the petitioner no.1, as such, a suspicion was cast
against the petitioners about their involvement in the occurrence
of killing the deceased and with a view to destroy evidence the
face was burnt by acid.
5. At this stage, the learned A.P.P. Sri Chandra
Bhushan Prasad submits that the case is of the Year 2013 and
from perusal of the order impugned, it would manifest that after
declaring the petitioners as absconder charge-sheet has been
submitted.
6. Considering the submissions made by the learned
A.P.P., the Court is not inclined to extend the privilege of
anticipatory bail to the petitioners.
7. The prayer of the petitioners for anticipatory bail
stands rejected.
(Satyavrat Verma, J)
vikash/-
U T
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