Patna High Court
Abhay Sharma @ Nirbhay Sharma @ Abhay Kumar Sharma @ Nirbhay Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, subject to bond, sureties, and conditions, finding insufficient grounds for continued detention.
Summary
The petitioner, Abhay Sharma, sought bail fearing arrest in a theft case (PS Areraj Case No. 172 of 2024) registered under Sections 1331(4) and 305 of the BNS. The prosecution alleged that a television and a mobile phone were stolen from the informant’s house and that Sharma’s name surfaced because he had purchased the mobile from co‑accused Rohit Sharma and gave it to his brother, who later discovered it was stolen. Sharma contended he was unaware the phone was stolen and that the allegation was a false implication; the co‑accused had surrendered and no paperwork was provided to Sharma. The State opposed bail, but the court, noting the possibility of false accusation and the petitioner’s cooperation, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS, 2023. The bail order required the petitioner to appear before the trial court as directed and to surrender within eight weeks if arrested.
Issues considered
- What is the appropriateness of granting bail to the petitioner under Section 482(2) of the BNSS, 2023 in view of the alleged theft and the possibility of false accusation?
- Whether the petitioner’s alleged involvement, based solely on purchase of a stolen mobile phone, warrants continued detention?
Legislation cited
- Bihar Narcotic Substances (Suppression) Act, 2023 — s. 482(2)
- Bihar Negotiable Instruments Act — s. 1331(4), 305
Subjects
- bail
- false accusation
- theft
- mobile phone
- Section 1331
- Section 305
- Section 482
- criminal miscellaneous
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29037 of 2026
Arising Out of PS. Case No.-172 Year-2024 Thana- ARERAJ District- East Champaran
======================================================
Abhay Sharma @ Nirbhay Sharma @ Abhay Kumar Sharma @ Nirbhay
Kumar Sharma S/o Late Gora Sharma, R/o Village- Sharma Tola, P.S.- Areraj,
District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subodh Kumar Barnwal, Advocate
For the Opposite Party/s : Mr.Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. In the present case, the petitioner is apprehending
his arrest in connection with Areraj P.S. Case No.172 of 2024,
registered under Sections 1331(4)/305 of BNS.
3. As per the prosecution case, a theft was committed
in the dwelling house of the informant and the thieves took
away a television and mobile phone of the informant. The name
of the petitioner transpired during investigation for being
involved in the aforesaid theft.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in this
case. The name of the petitioner came up in this case as the
Patna High Court CR. MISC. No.29037 of 2026(2) dt.06-05-2026
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petitioner purchased a mobile phone from co-accused Rohit
Sharma and gave it to his brother for use, who put a SIM card in
it. The police traced the IMEI number of the mobile and when
the brother of the petitioner came to know that mobile phone
was stolen, he produced it before the police. The learned
counsel further submits that the petitioner has not been knowing
that the mobile phone was stolen. The co-accused Rohit Sharma
has been surrendered and on assurance of this co-accused, the
petitioner purchased the mobile phone that he would give him
the papers after some time, but no such paper was given to him.
The petitioner is having antecedent of one case of different
nature and he is on bail in such case.
5. The learned APP vehemently opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
possibility of false accusation, let the petitioner above named in
the event of his arrest or surrender before the court concerned
within a period of eight weeks from today, be released on bail,
on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-V,
Patna High Court CR. MISC. No.29037 of 2026(2) dt.06-05-2026
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Motihari, East Champaran/court concerned, in connection with
Areraj P.S. Case No. 172 of 2024, subject to the condition laid
down under Section 482 (2) of the BNSS, 2023 and other
following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the below, if so required
by the learned trial court.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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