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Patna High Court

Bali Ram SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, subject to specified conditions.

Summary

Bali Ram Sharma was arrested on 9 November 2025 in connection with FIR No. 07/2025 alleging assault and theft of mobile phones, punishable under Section 309(4) of the Bharatiya Nyay Sanhita, 2023. The prosecution’s case is based on the testimony of a co‑accused, Sunil Kumar, whose confessional statement implicated the petitioner, while the FIR does not name him. The petitioner contended that he was falsely implicated, highlighting that the seized mobile phones differed in brand and IMEI numbers from those described in the FIR, and that he has a clean antecedent. Counsel for the petitioner argued lack of corroborative material beyond the co‑accused’s statement. The Additional Public Prosecutor opposed bail. The Court, after considering the circumstances, granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding cooperation, presence, non‑tampering of evidence, and verification of antecedents.

Issues considered

  • Whether the petitioner is entitled to bail despite the allegations under Section 309(4) of the Bharatiya Nyay Sanhita, 2023.
  • Whether the confessional statement of a co‑accused alone suffices to justify continued detention.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 309(4)
  • Bharatiya Nyay Sanhita
  • confessional statement
  • false implication
  • mobile theft
  • evidence discrepancy

Judgment

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.1921 of 2026
                   Arising Out of PS. Case No.-240 Year-2025 Thana- KAMTAUL District- Darbhanga
               ======================================================
               Bali Ram Sharma S/o Shyam Sundar Sharma R/o Village- Lakhanpur, P.S-
               Jajuar, Dist- Muzaffarpur.                          ... ... Petitioner/s
                                            Versus
               The State of Bihar                           ... ... Opposite Party/s
               ======================================================
               Appearance :
               For the Petitioner/s     :       Mr. Vikas Kumar, Advocate
                                        :       Mr. Aradhana Kumari, Advocate
                                        :       Mr. Akash Deep, Advocate
               For the Opposite Party/s :       Mr. Upendra Kumar, APP
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                     ORAL ORDER
2 20-01-2026                      Heard Mr. Vikas Kumar, learned counsel for the

               petitioner as well as Mr. Upendra Kumar, learned Additional

               Public Prosecutor for the State.

                           2. Petitioner seeks bail who is in custody since

               09.11.2025 in connection with Kamtaul P.S. Case No. 240 of

               2025, F.I.R. dated 07.11.2025 for the offences punishable under

               Sections 309(4) of the Bharatiya Nyay Sanhita, 2023.

                           3. According to prosecution case, the informant alleged

               that when he along with other person were proceeding towards

               poultry farm, then two unknowns persons riding a motorcycle

               came and forcibly stopped their vehicle and assaulted them and

               snatched their mobile phones and fled away.

                           4. Learned counsel for the petitioner submits that

               petitioner has clean antecedent and he has falsely been implicated

               in the present case. The allegation levelled against the petitioner is
Patna High Court CR. MISC. No.1921 of 2026(2) dt.20-01-2026
                                            2/3




       false and fabricated. Petitioner is not named in the FIR and his

       name transpired on the basis of confessional statement of co-

       accused person, namely, Sunil Kumar and except the confessional

       statement of co-accused person, no other cogent material has

       come during investigation which suggest the involvement of the

       petitioner in the present occurrence. Infact petitioner is the owner

       of the mobile repairing shop and the said Sunil Kumar has given

       the mobile to the petitioner for repair and the same was recovered

       from the shop of the petitioner. He further submits that from bare

       perusal of the FIR it appears that FIR mentions a mobile phone of

       POCO        company        bearing     IMEI      no.868737078981840   and

       868737078981857 but the mobile phone allegedly seized from the

       petitioner’s shop is of REALME company, bearing IMEI no.

       860318077601735 and 860318077601727 and the petitioner is in

       custody since 09.11.2025.

                   5. The learned Additional Public Prosecutor has

       vehemently opposed the prayer for bail of the petitioner.

                    6. Considering the aforesaid facts and circumstances,

       let the petitioner, above named, 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 the learned Chief Judicial

       Magistrate, Darbhanga in connection with Kamtaul P.S. Case No.
            Patna High Court CR. MISC. No.1921 of 2026(2) dt.20-01-2026
                                                        3/3




                   240 of 2025, subject to the following conditions:-

                                 i. Petitioner shall co-operate in the trial and shall be

                    properly represented on each and every date fixed by the court

                    and shall remain physically present as directed by the court and

                    on his absence on two consecutive dates without sufficient

                    reason, his bail bond shall be cancelled by the Court below.

                                 ii. If the petitioner tampers with the evidence or the

                    witnesses, in that case, the prosecution will be at liberty to move

                    for cancellation of bail.

                                iii. And further condition that the court below shall

                   verify the criminal antecedent of the petitioner and in case at any

                   stage it is found that the petitioner has concealed his criminal

                   antecedent, the court below shall take step for cancellation of bail

                   bond of the petitioner. However, the acceptance of bail bonds in

                   terms of the above-mentioned order shall not be delayed for

                   purpose of or in the name of verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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