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Patna High Court

Ramashish SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       4/4




                     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/-

U      T


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