Patna High Court
Bipin Sharma @ Bhushan Shama @ Bipin JiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that bail should be granted as the petitioner was not named in the FIR, no incriminating article was recovered, and co‑accused have been released on bail.
Summary
Bipin Sharma was accused of participating in a violent attack on a construction site in Gaya, involving arson, assault, and robbery, and was charged under multiple sections of the IPC, the UAP Act and the C.L.A. Act. The petitioner applied for regular bail, contending that his name does not appear in the FIR, he was not arrested at the scene, and no incriminating items were seized from him; his alleged involvement was only mentioned in a co‑accused’s confessional statement. The State opposed bail, citing the seriousness of the offences. The court noted the absence of the petitioner’s name in the FIR, the lack of any material recovered, and the fact that other co‑accused had already been granted bail. Accordingly, the court ordered that bail be granted on a bond of Rs.10,000 with two sureties of the same amount, subject to the petitioner’s cooperation with the trial and verification that no incriminating article is found in his possession.
Issues considered
- Whether regular bail can be granted when the accused is not named in the FIR but is mentioned in a co‑accused’s confessional statement
- Whether the absence of arrest and lack of seized material justify bail despite the gravity of the offences
- Whether the conditions of the bail bond imposed are appropriate under the circumstances
Legislation cited
- Criminal Law Amendment Act — s. 17
- Indian Penal Code — s. 147, 148, 149, 323, 341, 379, 386, 435
Subjects
- regular bail
- IPC offences
- UAP Act
- C.L.A. Act
- confessional statement
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3193 of 2026
Arising Out of PS. Case No.-412 Year-2016 Thana- GAYA MUFASIL District- Gaya
======================================================
Bipin Sharma @ Bhushan Shama @ Bipin Ji S/O Late Ragho Singh @ Radho
Singh R/O Village- Chabura, P.S- Anti, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar Tiwari
For the State : Mr. Nawal Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioner as well as the
learned APP for the State.
2. The petitioner is seeking regular bail in connection
with Gaya Muffasil P.S. Case No. 412 of 2016, registered for the
offences punishable under Sections 147, 148, 149, 323, 341,
386, 435, 379 of the IPC under Sections 14, 16, 17, 18, 20, 38,
40 of UAP Act and Sections 17 of C.L.A, Act.
3. As per prosecution case, about 20 miscreants
attacked the construction site of the company of the informant
which was engaged in construction of a rail bridge and set on
fire a number of equipments including the truck tippers,
Excavator, Hydra, Sumo vehicle, a motorcycle and Tata P & H
Crane. The miscreants also threatened the employees present
there at the gunpoint and assaulted them and took away their
Patna High Court CR. MISC. No.3193 of 2026(2) dt.16-02-2026
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mobile phones and cash amounting to Rs.50,000/- from
individual workers. The name of the petitioner transpired as one
of the miscreants during investigation.
4. Learned counsel for the petitioner has submitted
that the petitioner is not named in the FIR. He was not arrested
at the spot and nothing was recovered from his possession. His
name has figured only in the confessional statement of co-
accused Kamlesh Ram @ Kamlesh Khar @ Kamlesh
Chandravanshi. He has further submitted that till date, no TIP
has been conducted and other co-accused persons have been
granted bail.
5. On the other hand, learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release
the petitioner on bail on furnishing bail bonds of Rs.10,000/-
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Gaya in connection with
Gaya Muffasil P.S. Case No. 412 of 2016, subject to the
following conditions that the petitioner shall cooperate in the
disposal of trial and make himself available as and when
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required by the court.
7. Before accepting the bail bond, the learned court
below shall verify whether any incriminating article was
recovered from the possession of the petitioner or not.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
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