Patna High Court
Mohan Sharma @ Shravan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted as the petitioner’s alleged involvement was not substantiated by specific evidence and he possessed a clean antecedent.
Summary
The petitioner, Mohan Sharma, sought anticipatory bail fearing arrest in a murder‑conspiracy case (Gamhariya P.S. Case No. 44 of 2024) involving alleged offences under Sections 304(B), 201 and 34 of the IPC. He claimed innocence, asserting that the allegations against him were general, omnibus and that he has a clean antecedent. The State opposed the bail, arguing the seriousness of the charges and the petitioner’s familial relationship with the deceased. The Court examined the applicability of Section 438(2) of the CrPC and Section 482 of the BNSS, considering the need to protect the petitioner’s liberty pending trial. Weighing the lack of specific incriminating evidence and the petitioner’s clean record, the Court allowed the anticipatory bail application. The order directed that, upon arrest or surrender within four weeks, the petitioner be released on a bail bond of Rs. 10,000 with two sureties, subject to the usual conditions.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 438(2) of the CrPC in the present case?
- Whether the petitioner’s relationship with the deceased and the nature of the allegations justify denial of bail?
- Whether Section 482 of the BNSS can be invoked to secure bail in this matter?
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 201, 304(B), 34
Subjects
- anticipatory bail
- Section 438
- Section 482
- Indian Penal Code
- murder
- conspiracy
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22450 of 2026
Arising Out of PS. Case No.-44 Year-2024 Thana- GAMAHARIYA District- Madhepura
======================================================
Mohan Sharma @ Shravan Kumar S/o Janak Sharma R/o Vill- Laukaha, Ward
No. 12, P.S.- Laukaha, Distt- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Gamhariya P.S. Case No. 44 of 2024 registered
for the offence under Sections 304(B), 201, 34 of I.P.C.
3. As per the prosecution case, petitioner who is
the cousin brother-in-law of the husband of the deceased and is
alleged to have killed the deceased along with other family
members.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that there is
general and omnibus allegations against the petitioner. Petitioner
has clean antecedent.
Patna High Court CR. MISC. No.22450 of 2026(2) dt.24-04-2026
2/2
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the relationship of the petitioner
with the deceased and the general and omnibus allegations
against the petitioner, this application is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned C.J.M.,
Madhepura/ concerned Court below in connection with
Gamhariya P.S. Case No. 44 of 2024, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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