Patna High Court
Bheem Sharma @ Bhim Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioner, Bheem Sharma, applied for anticipatory bail fearing arrest in a case registered under several sections of the Bihar Narcotic Substances Act, 2023. He asserted that he has a clean record and is falsely implicated by an informant who alleged a dispute involving crackers, stabbing, and assaults causing injuries. The petitioner argued that the injuries were caused by blunt objects and that the alleged stabbing was committed by someone other than him. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the B.N.S.S., pending any arrest within six weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the allegations.
- Whether the allegations against the petitioner constitute sufficient ground to deny anticipatory bail.
- Whether the petitioner’s claim of false implication and clean antecedent warrants bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109(1), 115(2), 117(2), 126(2), 3(5), 351(2), 352, 482(2), 74
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- false implication
- Criminal Procedure Code
- Bihar Narcotic Substances Act
- Section 438
- Section 482
- injury evidence
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18838 of 2026
Arising Out of PS. Case No.-752 Year-2025 Thana- MAJHAULIA District- West Champaran
======================================================
Bheem Sharma @ Bhim Kumar Sharma Son of Nandlal Sharma R/o Vill-
Madhopur Malahi Tola Ward No. 05, P.S.- Majhauliya, Distt- West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha No. 1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 109(1), 117(2), 74, 351(2), 352 and 3(5) of the BNS,
2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that on 23.10.2025, at about 07:30 p.m., Pappu threw
crackers at him and on objection Abhishek stabbed the
informant causing injury on back and petitioner assaulted him
by an iron chain causing fracture of left arm and also assaulted
his son causing injury on back and Navin assaulted his son by
lathi causing injury on shoulder.
Patna High Court CR. MISC. No.18838 of 2026(2) dt.02-04-2026
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4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that from perusal of the injury
suffered by the injured annexed as Annexure-2 series to the
anticipatory bail application, it would manifest that the injuries
of the injured are alleged to have been caused by hard and blunt
substance and injuries no. 1 and 3 of the informant have been
opined to be simple in nature while injury no. 2 is opined to be
grievous i.e. injury on left hand which is non-vital part of the
body. It is next submitted that on a trivial issue of lighting
crackers, the occurrence took place. It is also submitted that in
order to give seriousness to the case, it has been alleged that
Abhishek stabbed the informant causing injury on back but then
Abhishek is not the petitioner in the instant anticipatory bail
application and petitioner is not a criminal.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)
Patna High Court CR. MISC. No.18838 of 2026(2) dt.02-04-2026
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with two sureties of the like amount each to the satisfaction of
the learned Trial Court where the case is pending/Successor
Court in connection with Majhauliya P.S. Case No. 752 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
U T
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