Patna High Court
Ramashish SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner because the victim was recovered, co‑accused were bailed, and the petitioner’s continued detention was not justified.
Summary
The petitioner, Ramashish Sharma, was arrested in connection with a kidnapping case where a teacher, Dilip Kumar, was rescued from the house of co‑accused Akhilesh Kumar after a police operation that resulted in gunfire. The prosecution alleged that Sharma was among the kidnappers who opened fire on police, charging him under several sections of the Bhartiya Nyaya Sanhita, 2023 and the Arms Act. Sharma’s counsel argued that he was falsely implicated, no incriminating articles were found on him, and that the co‑accused had already been granted bail, indicating a lack of necessity for continued detention. The State opposed bail, but the court noted the victim’s recovery, the bail of co‑accused, and the length of Sharma’s pre‑trial custody as factors favoring release. Consequently, the court held that the petitioner was entitled to bail, subject to standard conditions and sureties. Sharma was ordered to be released on bail upon furnishing the required bonds and complying with the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to bail despite charges under Sections 109(2), 132, 127(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25(1‑B)a, 26, 27, 35 of the Arms Act.
- Whether the circumstances of the case, including the recovery of the victim and bail of co‑accused, justify granting bail.
Legislation cited
- Arms Act — s. 25(1‑B)a, 26, 27, 35
- Bhartiya Nyaya Sanhita, 2023 — s. 109(2), 127(2), 132, 140(2), 3(5)
Subjects
- bail
- kidnapping
- arms act
- criminal procedure
- pre‑trial detention
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33720 of 2026
Arising Out of PS. Case No.-676 Year-2025 Thana- SASARAM NAGAR District- Rohtas
======================================================
Ramashish Sharma, S/o Late Babhuti Sharma, R/o Village - Babu Ke
Bahuara, P.S - Kochas, District - Rohtas at Sasaram
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 15-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioners seek bail in connection with
Sasaram (N) P.S. Case No. 676 of 2025 dated 23.08.2025
instituted for the offence punishable under Sections 109(2), 132,
127(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section
25(1-B)a, 26, 27 & 35 of the Arms Act.
3. This is Second attempt for regular bail on behalf of
the petitioner. Earlier, vide order dated 24.02.2026, the regular
bail application of the petitioner was rejected vide Criminal
Miscellaneous No. 3886 of 2026.
4. The prosecution case, in short, is that the informant
received a secret information that a teacher, namely, Dilip
Kumar was kidnapped and kept at the house of one Akhilesh
Patna High Court CR. MISC. No.33720 of 2026(2) dt.15-05-2026
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Kumar at a place called Takia. After receiving of information,
Superintendent of Police, Rohtas along with other police
personnel reached at the place where Dilip Kumar was kept. The
kidnappers after seeing the police opened fired upon the police.
In defence, police party also opened fire leading to gunshot
injury to two culprits, namely, Prabhat Kumar @ Sonu and one
Suresh Ram. The police team also arrested two other
kidnappers, namely, Ramashish Sharma (petitioner) and Indal
Ram. All the apprehended accused persons were sent to Sadar
Hospital, Sasaram for medical treatment. The victim Dilip
Kumar was recovered from the house of Akhilesh Kumar. The
F.S.L. team reached the place of occurrence and country made
pistols, fired cartridges and other things were recovered.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. Learned counsel for the petitioner further submits that
allegation against the apprehended persons is that they opened
fired at the police, but none injured by the gunshot of the
apprehended persons. Nothing incriminating article has been
recovered either from the possession of the petitioner or from
his house. It is further submitted that two cases were lodged
against the accused persons including the petitioner. One is
Patna High Court CR. MISC. No.33720 of 2026(2) dt.15-05-2026
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Kochas P.S. Case No. 207 of 2025 for the offence punishable
under Section 140(2), 3(5) of Bhartiya Nyaya Sanhita, 2023 for
kidnapping of Dilip Kumar and another is present one. In the
kidnapping case, the petitioner has been granted bail by learned
Sessions Judge. It is further submitted that alleged recovery of
the victim, Dilip Kumar has been made from the house of
Akhilesh Kumar, who has been granted bail by learned Sessions
Judge on 27.11.2025. Learned counsel for the petitioner further
submits that charge has already been framed. Lastly, it has been
submitted that the petitioner is in custody since 24.08.2025
having seven criminal cases against him.
6. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
7. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties and also
considering the fact that the kidnapped person was recovered from
the house of co-accused Akhilesh Kumar, who has been granted
bail by learned Sessions Judge, and also considering the period of
incarceration of the petitioner, this Court is of the opinion that a
case of bail is made out for the petitioner.
8. Let the petitioner be released on bail upon furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Patna High Court CR. MISC. No.33720 of 2026(2) dt.15-05-2026
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Magistrate, Rohtas at Sasaram in connection with Sasaram (N)
P.S. Case No. 676 of 2025, , subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by
the Court and on his absence on two consecutive
dates without sufficient reason, his bail bond shall be
cancelled by the Court below.
2. One of the bailors will be his own blood relation,
preferably father, mother, brother, sister and or his
wife.
3. The bailor shall also state on affidavit that he will
inform the court concerned if the petitioner is made
accused in any other case of similar nature after his
release in the present case and thereafter the court
below will be at liberty to initiate the proceeding for
cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at
liberty to move for cancellation of bail.
(Khatim Reza, J)
premchand/-
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