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Patna High Court

Dwarika SharmaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court denied bail, holding that the seriousness of the double murder and the petitioner’s alleged involvement preclude the grant of regular bail.

Summary

The petitioner, Dwarika Sharma, applied for regular bail in a case registered as Ara Muffasil P.S. Case No. 299/2025, which involves alleged offences under Sections 103(1) and 61(2) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act. The prosecution alleges that the petitioner hired criminals to murder a father and his son, constituting a double murder. The petitioner contended that he was falsely implicated, has no prior criminal record, and has been in custody since 04‑11‑2025, offering to cooperate with the trial. The State opposed bail, emphasizing the seriousness of the alleged homicide and the petitioner’s alleged role in hiring the killers. The Court, after considering the gravity of the double murder and the alleged participation of the petitioner, declined to grant bail and dismissed the application.

Issues considered

  • Whether bail should be granted to the petitioner in a double murder case where he is alleged to have hired the killers.

Legislation cited

Subjects

  • bail
  • double murder
  • criminal procedure
  • Arms Act
  • hiring of criminals
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20883 of 2026
                    Arising Out of PS. Case No.-299 Year-2025 Thana- ARA MUFFSIL District- Bhojpur
                 ======================================================
                 Dwarika Sharma S/O Sadhu Saran Sharma Residentof Village- Bahiro, P.S.-
                 Ara Nawada, District- Bhojpur.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.N.K.Aggarwal,Sr. Advocate
                                                  Mr.Md Fazle Karim, Advocate
                 For the Opposite Party/s :       Mr.Pawan Kumar Chaurasia, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-04-2026                     Heard learned Senior Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                 2. The petitioner seeks bail in connection with Ara

                   Muffasil P.S. Case No. 299/2025 registered for the offences

                   punishable under Sections 103(1), 61(2) of B.N.S. and Section

                   27 of Arms Act.

                                 3. As per the prosecution case, unknown criminals

                   killed a father and son.

                                 4. Learned Senior Counsel for the petitioner submits

                   that petitioner has falsely been implicated in the case. Learned

                   Senior Counsel further submits that he has no criminal

                   antecedent and he is in custody since 04.11.2025. The petitioner

                   undertakes to co-operate in the case/ trial.
              Patna High Court CR. MISC. No.20883 of 2026(2) dt.01-04-2026
                                                          2/2




                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner on the ground that during

                        investigation, it has come that the petitioner had hired services

                        of criminals for killing the deceased.

                                     6. Considering the fact that it is a case of double

                        murder of father and son and that the petitioner is involved in

                        killing, this Court is not inclined to grant bail to the petitioner.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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