Patna High Court
Lalan SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed the petitioner's application for regular bail.
Summary
The petitioner, Lalan Sharma, applied for regular bail in a case registered under Sections 103(1), 238 and 3(5) of the B.N.S., alleging that he was not named in the FIR and had no relation to the co‑accused. The prosecution alleged that the informant's daughter was assaulted and possibly murdered, and that the petitioner had helped conceal the dead body, as recorded in his confessional statement and that of a co‑accused. The petitioner argued that the only charge against him was under Section 238 of the IPC, which is bailable, and that there was no evidence of external injury or tampering. The State opposed the bail, but the court, after reviewing the record, found no sufficient ground to deny bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties. Consequently, the application for bail was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite allegations of involvement in concealing a dead body
- Whether the offence under Section 238 of the IPC is bailable
- Whether the confessional statements of the petitioner and co‑accused constitute sufficient ground to deny bail
Legislation cited
Subjects
- regular bail
- bailable offence
- Section 238 IPC
- B.N.S.
- confessional statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18994 of 2026
Arising Out of PS. Case No.-256 Year-2025 Thana- PASRAHA District- Khagaria
======================================================
Lalan Sharma S/O Biro Sharma R/O Village- Satish Nagar, P.S.- Pasraha,
Distt.- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 04-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Pasraha P.S. Case No.
256 of 2025 dated 28.12.2025 registered for the offences
punishable under Sections 103(1), 238, 3(5) of B.N.S.
3. As per the prosecution case, the marriage of the
daughter of the informant was performed with Laddu Sharma. It
has been alleged that since few days back, the in-laws of her
daughter used to quarrel with the daughter of informant as well
as her husband and also used to assault her. It is alleged that on
27.12.2025 at 12:00 noon, the daughter of the informant
informed that co-accused Umesh Tanti, Ranvijay Kumar, Ayush
Kumar, Krishna Devi and Pintu Tanti had assaulted her and she
requested to save her life, thereafter it has been alleged that no
contact was made with the daughter of the informant. It is
Patna High Court CR. MISC. No.18994 of 2026(3) dt.04-05-2026
2/3
further alleged that the informant along with the family
members went to the matrimonial house of her daughter in
course of which it transpired that all the aforesaid accused
persons had brutally assaulted her daughter, when her condition
started deteriorating then she was taken to hospital and since
then nobody has seen his daughter. It has been claimed that his
son-in-law Laddu Sharma resides outside and does the work of
labourer. It has further been alleged that the informant has grave
suspicion that his daughter has been done to death by the
aforesaid accused persons and her dead body has been disposed
off.
4. Learned counsel for the petitioner submits that
petitioner is not named in the FIR and is no way related with the
co-accused persons in any manner and in fact he resides in
another village and as a matter of fact his daughter has been
married in the village of the co-accused persons. Learned
counsel for the petitioner has further submitted that petitioner
was arrested and his confessional statement was recorded in
paragraph 9 of the case diary, wherein he has stated that he has
helped the co-accused persons in concealing of the dead body,
the same is the statement by other co-accused Umesh Sharma @
Umesh Tanti in Paragraph-21 of the case diary in which it has
Patna High Court CR. MISC. No.18994 of 2026(3) dt.04-05-2026
3/3
been stated that petitioner helped in disposal of the dead body.
Learned counsel for the petitioner has submitted that at best a
case under Section 238 of I.P.C. which is bailable in nature.
Moreover, it has been submitted that there no external or
internal injury was found on the person of the deceased and the
viscera has been kept preserved as regards the opinion of death.
The charge-sheet has been filed in this case and there is no
allegation of tampering against the petitioner. It has further been
submitted that petitioner is in custody since 29.12.2025 and has
got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Heard the parties and perused the record, the
petitioner above-named is directed to 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 Court concerned, Khagaria in connection with Pasraha
P.S. Case No. 256 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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