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Patna High Court

Ajay SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioners subject to the conditions stipulated under Section 482 of the Bhartiya Nagrik Suraksha Sanhita.

Summary

The petitioners, a group of individuals from Aunsi village, sought bail fearing arrest in a criminal case arising from a land dispute that led to a violent clash. The case, registered under multiple sections of the Bhartiya Nyaya Sanhita, alleged various offences but the petitioners argued that the allegations were vague, omnibus and that they had clean antecedents. The State opposed the bail application. The court examined the nature of the allegations, the lack of specific overt acts against the petitioners, and the principle of bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita. Considering these factors, the court ordered that the petitioners be released on bail upon surrender within eight weeks, subject to a bail bond of Rs.10,000 with two sureties of the same amount. The bail order was conditioned on compliance with the directions of the learned ACJM of Benipatti.

Issues considered

  • Whether the petitioners are entitled to bail in a case registered under Sections 329(3), 109(1), 115(2), 126(2), 118(1), 76, 308(2), 352, 351(3) and 3(5) of the Bhartiya Nyaya Sanhita.
  • Whether the allegations against the petitioners are sufficiently specific to deny bail.
  • Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita permits the court to grant bail in this circumstance.

Legislation cited

Subjects

  • bail
  • land dispute
  • criminal procedure
  • Bhartiya Nyaya Sanhita
  • Bhartiya Nagrik Suraksha Sanhita
  • Section 482
  • Section 329
  • Section 109
  • Section 115
  • Section 126
  • Section 118
  • Section 308
  • Section 352
  • Section 351
  • Section 3

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31958 of 2026
                        Arising Out of PS. Case No.-59 Year-2025 Thana- Aaosi District- Madhubani
                 ======================================================
           1.     Ajay Sharma S/o Santo Sharma Resident of Village- Aunsi, Babhangama,
                  P.S- Aunsi, District- Madhubani
           2.    Ganesh Sharma S/o Shyam Sharma Resident of Village- Aunsi,
                 Babhangama, P.S- Aunsi, District- Madhubani
           3.    Deepak Sharma @ Deepak Kumar Sharma S/o Rambabu Sharma Resident
                 of Village- Aunsi, Babhangama, P.S- Aunsi, District- Madhubani
           4.    Deepak Sharma @ Dipak Kumar Sharma S/oLate Gangoi Sharma @ Gangai
                 Sharma @ Gango Sharma Resident of Village- Aunsi, Babhangama, P.S-
                 Aunsi, District- Madhubani
           5.    Lakshmeshwar Sharma @ Laxman Sharma S/o Gangai Sharma Resident of
                 Village- Aunsi, Babhangama, P.S- Aunsi, District- Madhubani
           6.    Pooja Kumari D/o Late Satto Sharma Resident of Village- Aunsi,
                 Babhangama, P.S- Aunsi, District- Madhubani
           7.    Bibha Devi W/o Late Satto Sharma Resident of Village- Aunsi,
                 Babhangama, P.S- Aunsi, District- Madhubani
           8.    Roushan Sharma @ Raushan Thakur S/o Upendra Sharma R/o vill -
                 Chapariya, P.s.- Bisfi, Distt.- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Md Soban Asghar
                 For the Opposite Party/s :        Mr.Anish Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   02-07-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 329(3), 109(1), 115(2),

                   126(2), 118(1), 76 308(2), 352, 351(3) and 3(5) of the Bhartiya

                   Nyaya Sanhita.
           Patna High Court CR. MISC. No.31958 of 2026(3) dt.02-07-2026
                                                       2/2




                                  3. Learned counsel for the petitioners submits that on

                     account of land dispute between the parties, Maarpeet took

                     place, in which both sides sustained injuries. Case and counter

                     case. No specific overt act has alleged against petitioners, rather

                     the allegations are general & omnibus. Petitioners claim clean

                     antecedent.

                                  4. Learned A.P.P. for the State has opposed the bail

                     petition.

                                  5. Considering the aforesaid facts and circumstances,

                     let the above named petitioners, in the event of their

                     arrest/surrender within a period of eight weeks from today, be

                     enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

                     thousand) each with two sureties of the like amount each to the

                     satisfaction of learned A.C.J.M., Benipatti, District - Madhubani

                     in connection with Aunsi P.S. Case No. 59 of 2025, subject to

                     condition as laid down under Section 482 of the Bhartiya Nagrik

                     Suraksha Sanhita, 2023.



                                                     (Prabhat Kumar Singh, J)
anay

U      T


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