Patna High Court
Ajay SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bhartiya Nagrik Suraksha Sanhita — s. 482
- Bhartiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 308(2), 329(3), 3(5), 351(3), 352, 76
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
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