Patna High Court

Madan SharmaversusThe State of Bihar

Decided: 18 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The petitioner is entitled to bail.

Summary

Madan Sharma was arrested in connection with a murder case (S.Tr. No. 700 of 2025) alleging that he tied and assaulted the husband of an informant, leading to the victim's death. The petitioner contended that he was falsely implicated, asserting that the deceased had an illicit relationship with a woman and had attempted rape, for which a counter‑case was filed. He highlighted that co‑accused Golu Sharma and Deepak Sharma had previously been granted bail in similar matters. The State opposed bail, but the court noted the petitioner’s lack of prior criminal record, his custody since 12‑06‑2025, and the precedent of bail in analogous cases. After considering the facts and circumstances, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to bail in the murder and related offences under Sections 191(2), 190, 115(2), 126(2), 103(1), 303(2) of the B.N.S., 2023.

Legislation cited

B.N.S., 2023 — s. 103(1), 115(2), 126(2), 190, 191(2), 303(2)

Subjects

bail
murder
assault
counter‑case
criminal antecedent
precedent
section 191(2)
section 190
section 115(2)
section 126(2)
section 103(1)
section 303(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.24803 of 2026
                       Arising Out of PS. Case No.-213 Year-2025 Thana- OBRA District- Aurangabad
                 ======================================================
                 Madan Sharma S/o- Late Bigan Sharma Village- Kharati PS- Obra Dist-
                 Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dhananjay Kumar, Advocate
                 For the Opposite Party/s :        Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with S.Tr. No. 700 of 2025 arising out of Obra P.S. Case No.

                   213 of 2025 registered for the offence punishable under Sections

                   191(2), 190, 115(2), 126(2), 103(1), 303(2) of the B.N.S., 2023.

                                3. The case of the prosecution in short is that the

                   husband of the informant was tied with rope by the petitioner

                   and others and was brutally assaulted by the petitioner and

                   others, and on the way to the hospital, he succumbed to the

                   injuries.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence.He has been falsely implicated in this
Patna High Court CR. MISC. No.24803 of 2026(2) dt.18-04-2026
                                            2/3




          case. He also submits that the real fact is that the deceased has

          an illicit relation with the daughter of one Deepak Sharma and

          has also tried to commit rape upon her, for which the

          petitioner’s side has lodged a counter case in Obra P.S. Case No.

          260 of 2025. He further submits that the nature of allegation is

          general and omnibus and the deceased was found again

          attempting to commit rape with the sister of the informant and

          was caught red-handed and was thrashed by the mob. He further

          submits that similarly situated co-accused Golu Sharma and

          Deepak Sharma have been granted bail by the learned

          coordinate benches of this court vide Cr. Misc. Nos. 83973 of

          2025 and 7851 of 2026, respectively. The case of this petitioner

          stands on similar footing. Moreover, a statement has been made

          in para 3 of the petition that petitioner has no criminal

          antecedent and he is languishing in judicial custody since

          12.06.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail
           Patna High Court CR. MISC. No.24803 of 2026(2) dt.18-04-2026
                                                       3/3




                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned

                     Additional District & Sessions Judge-VIII, Aurangabad in

                     connection with S.Tr. No. 700 of 2025 arising out of Obra P.S.

                     Case No. 213 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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