Patna High Court
Lalan SharmaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted as the petitioners were alleged assailants in a serious murder case.
Summary
The petitioners, a group of relatives, applied for bail in a case registered under PS Chausha (Falaut) Case No. 91 of 2023, alleging offences including murder, attempt to murder, assault, and illegal possession of arms. They have been in custody since August 12, 2025. Their counsel argued that only two gunshot injuries were found on the deceased and that the FIR specifically named other persons, noting that co‑accused had been acquitted. The State contended that the petitioners had previously absconded, were among the assailants, and that the trial of co‑accused had proceeded separately, emphasizing the seriousness of the charges. The bench, after considering the allegations of assault and murder, found the petitioners to be likely participants in the crime and declined to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to the petitioners accused of murder, attempt to murder, and related offences under the IPC and Arms Act.
- Whether the seriousness of the allegations and alleged prior absconding justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 307, 323, 324, 341, 504, 506/34
Subjects
- bail
- murder
- IPC
- Arms Act
- criminal procedure
- high court
- section 27
- section 302
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20968 of 2026
Arising Out of PS. Case No.-91 Year-2023 Thana- CHAUSA District- Madhepura
======================================================
1. Lalan Sharma S/o Late Sukhdeo Sharma Resident of village- Ghashakpur,
ward no 11, P.S- Chausha (Falaut), District- Madhepura
2. Kokan Sharma @ Koko Sharma S/o Late Sukhdeo Sharma Resident of
village- Ghashakpur, ward no 11, P.S- Chausha (Falaut), District-
Madhepura
3. Kulo Sharma S/o Late Sukhdeo Sharma Resident of village- Ghashakpur,
ward no 11, P.S- Chausha (Falaut), District- Madhepura
4. Devendra Kumar Sharma @ Indradeo Sharma @ Devendra Sharma S/o Late
Sukhdeo Sharma Resident of village- Ghashakpur, ward no 11, P.S- Chausha
(Falaut), District- Madhepura
5. Shailesh Sharma @ Shailesh Kumar S/o Devendra Kumar Sharma @
Devendra Sharma @ Indradeo Sharma Resident of village- Ghashakpur,
ward no 11, P.S- Chausha (Falaut), District- Madhepura
6. Rajesh Kumar Sharma @ Rajesh Sharma S/o Kokan Sharma Resident of
village- Ghashakpur, ward no 11, P.S- Chausha (Falaut), District-
Madhepura
7. Brajesh Ram @ Brajesh Kumar @ Brajesh Kumar Ram S/o Kailash Ram
Resident of village- Ghashakpur, ward no 11, P.S- Chausha (Falaut),
District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subhash Kumar Jha, Advocate
For the State : Mr.Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioners; learned APP
for the State and learned counsel for the informant.
Patna High Court CR. MISC. No.20968 of 2026(2) dt.30-04-2026
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2. The petitioners seek bail in connection with
Chausha (Fulaut) P.S. Case No. 91 of 2023 registered for the
offence punishable under Sections 341, 323, 324, 307, 302, 504
and 506/34 of the Indian Penal Code and Section 27 of the Arms
Act.
3. The petitioners and others are accused of firing and
killing the deceased.
4. The petitioners are in custody since 12.08.2025.
5. Learned counsel for the petitioners submits that
only two gun shot injuries has been found on the deceased and
the author of the injury are named specifically in the FIR. There
is general and omnibus allegation against the petitioners. He
further submits that co-accused have been acquitted of all the
charges.
6. Learned counsel for the Informant and the State
have vehemently opposed the prayer for bail and has submitted
that the petitioners had absconded and therefore the trial was
separated and the other co-accused have faced trial. Moreover,
from the allegation, it appears that the petitioners are one of the
assailants of the deceased.
7. Considering the fact that the petitioners are alleged
to have assaulted the deceased, I am not inclined to grant bail to
Patna High Court CR. MISC. No.20968 of 2026(2) dt.30-04-2026
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the petitioners.
8. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
P. Kumar
U T.
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