Patna High Court

Umesh SharmaversusThe State of Bihar

Decided: 13 May 2026
Disposal: BAIL REJECTED
Bench: PURNENDU SINGH

Holding

The court held that pre‑arrest bail cannot be granted because of the serious nature of the alleged assault and the injuries caused.

Summary

The petitioner, Umesh Sharma, was charged under multiple sections of the Bihar Penal Code for allegedly assaulting an informant with a sword, causing serious injuries. He applied for pre‑arrest bail before the Patna High Court. The primary issue was whether bail could be granted given the gravity of the alleged offenses. The court examined the nature of the assault, the use of a deadly weapon, and the seriousness of the injuries inflicted. Concluding that the allegations indicated a severe threat to public order and personal safety, the court refused to grant bail. Consequently, the bail application was dismissed.

Issues considered

Whether pre‑arrest bail should be granted in a case involving assault with a sword causing vital injuries under the Bihar Penal Code

Legislation cited

Bihar Penal Code — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 76

Subjects

pre‑arrest bail
assault
sword attack
serious offence
High Court
Bihar Penal Code

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.30374 of 2026
                  Arising Out of PS. Case No.-70 Year-2026 Thana- MAJHAULIA District- West Champaran
                  ======================================================
                  Umesh Sharma S/o- Late Raghunandan Sharma R/o- Madhopur Ward No- 2
                  PS- Majhauliya Distt- West Champaran                  ... ... Petitioner/s
                                                   Versus
                  The State of Bihar                           ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Brajesh Kumar Singh, Advocate
                  For the Opposite Party/s :      Mr.Shailendra Kumar Singh, APP
                  For the informant        :      Mr. Rahul Kumar Shukla, Advocate
                                                  Mr. Shivam Kumar Deep, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER
2    13-05-2026                     Heard learned counsel appearing on behalf of the

                    petitioner and learned APP for the State.

                                  2. The petitioner seeks pre-arrest bail in connection

                    with Majhauliya P.S. Case No. 70 / 2026 registered for the

                    offence(s)       punishable      under     Sections       126(2),      115(2),

                    118(1),109,76,303(2),352,351(2),3(5) of the BNS.

                                 3. Considering the nature and gravity of the

                    allegations made in the FIR, particularly that the petitioner

                    assaulted the informant on the head with sword twice, causing

                    injuries on a vital part of the body, I am not inclined to grant

                    pre-arrest bail to the petitioner. Accordingly, the present bail

                    application stands dismissed.


                                                       (Purnendu Singh, J)
Sanjay/-
U       T

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