Patna High Court
Avinash SharmaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
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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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