Patna High Court
Anil Sharma @ Anil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioners, subject to bond and conditions.
Summary
The petitioners, Anil Sharma and Sohit Kumar, sought anticipatory bail after an FIR (Rafiganj PS Case No. 496 of 2025) alleged they assaulted an informant during a dispute over a jointly‑owned property pending partition. The FIR charges them under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, alleging that petitioner 1 ordered the assault and petitioner 2 threatened the informant with a firearm, causing serious injuries. The petitioners contended they were innocent, that the property was under dispute, and that a counter‑case (Case No. 497 of 2025) had been filed by them, seeking to highlight the conflicting claims. The informant’s counsel opposed bail, emphasizing the severity of injuries and the alleged use of a weapon. The court, after considering the circumstances and the pending property dispute, granted anticipatory bail to both petitioners, subject to a bond of Rs 30,000 each and conditions under Section 2(1)(d) and Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged assault and weapon threat.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(2), 126(2), 127(2), 190, 191(2), 191(3), 351(2), 352
Subjects
- anticipatory bail
- assault
- property dispute
- partition suit
- Bharatiya Nyaya Sanhita
- Arms Act
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21864 of 2026
Arising Out of PS. Case No.-496 Year-2025 Thana- RAFIGANJ District- Aurangabad
======================================================
1. Anil Sharma @ Anil Kumar Son of Ram Pukar Singh Resident of Village -
Charkawan, Uppardih, P.S. -Rafiganj, Dist. - Aurangabad.
2. Sohit Kumar @ Jhulan Singh @ Somit Kumar Son of Late Shambhu Saran
Singh Resident of Village - Charkawan, Uppardih, P.S. -Rafiganj, Dist. -
Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amish Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioners, learned APP
for the State and learned counsel for the informant.
2. The petitioners are apprehending arrest in
connection with Rafiganj P.S. Case No. 496 of 2025 lodged on
11.12.2025, for the offence punishable under Sections 191(2),
191(3), 190, 126(2), 115(2), 127(2), 109(1), 352, 351(2), 118(2)
of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the
Arms Act.
3. As per the prosecution, FIR has been lodged against
11 named accused persons including the present petitioners and
13-14 unknown persons. It has been alleged in the FIR by the
informant that the informant along with three other persons
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went to the field and when they were returning, then accused
persons have surrounded them in connivance with each other
and the petitioner no.1 has ordered to others to assault the
informant. On his direction, other accused persons have started
abusing and assaulted the informant’s side. The allegation
against petitioner no.2 is that he has assaulted by desi katta and
all other persons started assaulting the informant due to which,
injury has been caused on the head, back side and also right leg
and left leg were fractured. Upon call, SDPO came and
thereafter, he was admitted to ANMCH and subsequently,
referred to Medanta Hospital.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence.
Counsel submits that the petitioners are the purchaser of the
joint property which was subject to partition, but actual partition
does not take place and even without proper division, they have
purchased the property and tried to take possession on the same
which was opposed by the petitioners due to which, scuffling
took place. Counsel submits that the petitioners have one
criminal antecedent each, in which they are on bail. He further
submits that the place of occurrence is a nearby place of the
field which belongs to the petitioners and without partition, the
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co-parcener used to sell on which the informant’s side tried to
take forceful possession which was opposed by the petitioners.
He submits that the petitioners are ready to fulfill all the
conditions whatsoever shall be imposed upon them. He further
submits that for the same date and place of occurrence, there are
case and counter case i.e. one case has been lodged from the
petitioners’ side bearing Rafiganj P.S. Case No. 497 of 2025
(Annexure-P/4) and the present case has been lodged from the
informant’s side bearing Rafiganj P.S. Case No. 496 of 2025
(Annexure-P/2).
5. Learned counsel for the informant vehemently
opposes the prayer for bail and submits that the petitioner no.1
is the order giver and the petitioner no.2 was in possession of a
firearm and is alleged to have threatened the informant with the
said weapon. Counsel submits that the allegation of specific
assault is against the petitioners’ side, and he has produced the
certificate of Medanta Hospital which indicates that injury has
been caused on left and right leg of the informant and multiple
injuries found upon the informant. Counsel also submits that the
middle finger of the informant has been badly injured. He
submits that the petitioners are not entitled for bail and this bail
application be rejected.
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6. Learned APP for the State opposes the prayer for
bail of the petitioners but fairly submits that the property
appears to be in dispute and subject matter of the partition suit is
between the petitioners and the vendor of the informant’s side.
7. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of C.J.M. Aurangabad, in connection with Rafiganj
P.S. Case No. 496 of 2025, subject to the conditions as laid
down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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