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Patna High Court

Shashibhushan SharmaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                 ======================================================
           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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