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Patna High Court

Avinash SharmaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted as the trial was on the verge of conclusion and the offences were serious.

Summary

The petitioner, Avinash Sharma, applied for regular bail in a case (PS Case No. 111/2025) involving multiple serious offences under Sections 126(2), 115(2), 117(2), 109, 324(4), 308(2), 352, 351(2) and 3(5) of the B.N.S. The prosecution alleged that Sharma, along with others, had previously extorted and threatened the informant's husband and on 27‑08‑2025 brutally attacked him with iron rods and a knife, causing severe injuries. The petitioner contended that he was falsely implicated, that all witnesses had been examined, and that he was willing to cooperate, despite having four prior criminal antecedents and being in custody since 19‑09‑2025. The State and the informant opposed the bail, arguing the seriousness of the offences and the proximity of the trial to conclusion. The Court, noting that the trial was nearing its end and considering the gravity of the charges, declined to grant bail and dismissed the application.

Issues considered

  • Whether bail should be granted to the petitioner in a case involving multiple serious offences under the B.N.S.
  • Whether the petitioner’s claim of false implication and willingness to cooperate outweighs the seriousness of the charges and the stage of the trial

Legislation cited

  • B.N.S. — s. 109, 115(2), 117(2), 126(2), 308(2), 324(4), 3(5), 351(2), 352

Subjects

  • bail
  • criminal procedure
  • serious offences
  • trial stage
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21487 of 2026
                      Arising Out of PS. Case No.-111 Year-2025 Thana- KORMA District- Sheikhpura
                 ======================================================
                 Avinash Sharma S/o- Late Kamal Dev Singh Resident of Village- Korma PS-
                 Korma, Dist- Sheikhpura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Deep Shekhar, Advocate
                 For the Opposite Party/s :       Mr.Jharkhandi Upadhayaya, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   07-04-2026                      Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner seeks bail in connection with Korma

                   P.S. Case No. 111/2025 registered for the offences punishable

                   under Sections 126(2), 115(2), 117(2), 109, 324(4), 308(2), 352,

                   351(2) and 3(5) of B.N.S.

                                3. As per the prosecution case, informant’s husband

                   Rakesh Kumar was previously extorted and threatened by Seiko

                   Kumar, Lato Kumar, and their father Avinash Sharma

                   (petitioner). On 27.08.2025, while delivering fertilizer, they

                   brutally attacked him with iron rods and a knife, fracturing his

                   skull and face.

                                4. Learned counsel for the petitioner submits that
              Patna High Court CR. MISC. No.21487 of 2026(3) dt.07-04-2026
                                                          2/2




                        petitioner has falsely been implicated in the case. Learned

                        counsel next submits that in the trial, all the witnesses have been

                        examined and the statement of the accused has also been

                        recorded. Learned counsel further submits that he has four

                        criminal antecedents and he is in custody since 19.09.2025. The

                        petitioner undertakes to co-operate in the case/ trial.

                                      5. Learned APP for the State as well as learned

                        counsel for the informant have jointly opposed the prayer for

                        regular bail of the petitioner.

                                      6. Considering the fact that the trial is on the verge of

                        conclusion, 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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