Patna High Court
Prabhakar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioner subject to bond and surety conditions.
Summary
Petitioner Prabhakar Sharma applied for anticipatory bail fearing arrest in a case (Khaira PS No.253 of 2025) alleging assault on an informant with an iron rod. The FIR lists multiple offences under the B.N.S, 2023, but counsel argued the incident stemmed from a domestic dispute between relatives, resulting only in simple injuries and that the petitioner has no prior criminal record. The State opposed the bail. Considering the domestic context, the nature of injuries, and the absence of antecedents, the Court granted anticipatory bail, directing the petitioner to surrender within four weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S, 2023.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged assault under multiple sections of the B.N.S, 2023.
- Whether the domestic dispute context and nature of injuries justify the grant of anticipatory bail.
Legislation cited
- B.N.S., 2023 — s. 109, 115, 118, 126, 3, 303, 351, 352, 482, 74
- Code of Criminal Procedure — s. 438
Subjects
- anticipatory bail
- domestic dispute
- assault
- simple injuries
- bail bond
- Criminal Procedure Code
- B.N.S
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2958 of 2026
Arising Out of PS. Case No.-253 Year-2025 Thana- KHAIRA District- Jamui
======================================================
Prabhakar Sharma Son of Dilip Sharma R/o Village - Khaira, P.S. - Khaira,
Dist. - Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Sahay, Advocate
Ms. Pushpa Sinha, Advocate
Mr.Umesh Prasad, Advocate
For the Opposite Party/s : Mr.Humayou Ahmad Khan
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Khaira P.S. Case no.253 of 2025 registered under section
126(2), 115(2), 118(1), 109(1), 352, 351(2), 303(2), 74 and 3(5)
of B.N.S, 2023.
3. Allegations in the F.I.R is that petitioner entered
into the shop of the informant armed with an iron rod and
assaulted the informant.
4. Learned counsel for the petitioner submits at the
outset that the petitioner and the informant are relatives and it
would be apparent from the F.I.R itself that the petitioner had
engaged in assault on account of some domestic dispute as such
Patna High Court CR. MISC. No.2958 of 2026(2) dt.28-01-2026
2/2
offence under Section 109 of B.N.S would not be attracted.
There is case and counter case. Learned counsel referring to the
bail rejection order submits that injuries are simple in nature
caused by hard and blunt object. The petitioner has no criminal
antecedent and undertakes to co-operate in case/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering that occurrence
took place on some domestic dispute resulting in simple injuries
in the background of case and counter case, it is directed that the
petitioner, above named, in the event of his arrest or surrender
before the learned Court below within a period of four weeks,
be released on anticipatory bail in connection with Khaira P.S.
Case no.253 of 2025 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court concerned where
the case is pending/successor Court, subject to the condition laid
down under Section 438(2) of the Code of Criminal
Procedure/Section 482(2) of the B.N.S.S, 2023.
(Soni Shrivastava, J)
Harsh/-
U T
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