Patna High Court
Pradeep SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court allowed the petition for anticipatory bail, subject to conditions under Section 482(2) of the B.N.S.
Summary
The petitioner, Pradeep Sharma, sought anticipatory bail in connection with a case (PS Case No. 280 of 2025) alleging assault and homicide under several sections of the B.N.S. The FIR was lodged nine days after the incident, and the deceased died after treatment for injuries allegedly inflicted by co‑accused Guddu Yadav and Ajeet Yadav. The petitioner argued he had no criminal antecedents, was not armed, and the injuries were to non‑vital parts of the body. The State opposed the bail, contending the seriousness of the offences. The Court examined the delay in filing the FIR, the nature of the injuries, and the statutory provisions, and ordered that the petitioner be granted anticipatory bail on furnishing a bail bond with two sureties, subject to conditions under Section 482(2) of the B.N.S. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the B.N.S. despite the serious nature of the offences alleged.
- Whether the nine‑day delay in lodging the FIR and the circumstances of the injuries justify denial of bail.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- B.N.S. — s. 103, 115(2), 126(2), 329(3), 3(5), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- B.N.S.
- delay in FIR
- assault
- homicide
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23410 of 2026
Arising Out of PS. Case No.-280 Year-2025 Thana- RAGHUNATHPUR District- Siwan
======================================================
Pradeep Sharma S/o Bhola Sharma R/o Village- Sultanpur, PS- Raghunathpur,
District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Bardhan Pandey
For the Opposite Party/s : Mr.Nirmal Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in
connection with Raghunathpur P.S. Case No. 280 of 2025 dated
29.10.2025 registered for the offences punishable under Section
126(2), 115(2), 329(3), 352, 103 and 3(5) of the B.N.S.
3. As per the allegation, this petitioner along with
other named co-accused persons and five unknown persons
entered the house of the informant and started assaulting the
informant and his family members. It is alleged that co-accused
Guddu Yadav pushed the informant on the ground and when his
brother Chandan Yadav came to rescue him, co-accused Guddu
Yadav and Ajeet Yadav started assaulting with fists and slaps on
his stomach and chest as a result of which he became injured
Patna High Court CR. MISC. No.23410 of 2026(2) dt.22-04-2026
2/3
and during course of treatment, informant’s brother succumbed
to death on 28.10.2025.
4. Learned counsel for the petitioner has submitted
that there is a delay of nine days in lodging the FIR and the FIR
came to be lodged only after the death of the deceased. It has
further been submitted that the specific allegation of assault
upon the deceased by fists and slaps is against the co-accused
persons Guddu Yadav and Ajeet Yadav and as per the discussion
in the impugned order, there happens to be two stitched wound
on the abdomen. It has further been submitted that injuries are
on non-vital part of the body and there are two injuries on the
person of deceased and the same has been attributed to co-
accused Guddu Yadav and Ajeet Yadav. It has further been
submitted that none of the accused persons including the
petitioner was armed with lethal weapons. The petitioner has got
no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Heard the parties and perused the record, let the
above named petitioner, in the event of his arrest/surrender
within a period of six weeks from today, be enlarged on
anticipatory bail on furnishing bail-bond of Rs. 10,000/-
Patna High Court CR. MISC. No.23410 of 2026(2) dt.22-04-2026
3/3
(Rupees ten thousand) with two sureties of the like amount each
to the satisfaction of the learned court concerned, Siwan in
connection with Raghunathpur P.S. Case No. 280 of 2025,
subject to conditions as laid down under section 482(2) of the
B.N.S.S.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
Checking your session…