Patna High Court
Sita Ram SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. as the allegations do not demonstrate his direct participation in the offence.
Summary
The petitioner, Sita Ram Sharma, sought anticipatory bail fearing arrest in a case alleging offences under Sections 109(1), 3(5) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.) and Section 27 of the Arms Act. The prosecution alleged that while the petitioner, an informant, and another individual were smoking ganja, a person accompanying the petitioner fired at the informant. The petitioner contended he had no knowledge of the shooter, did not incite the violence, and highlighted a five‑day delay in filing the FIR and his clean criminal record. The State opposed the bail application. The court examined the nature of the allegations, the petitioner’s lack of direct involvement, the FIR delay, and the statutory provisions governing anticipatory bail. It concluded that granting anticipatory bail was appropriate under Section 482(2) of the B.N.S.S., subject to bond and surety conditions. Consequently, the application for anticipatory bail was allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita in view of the alleged offences.
- Whether the facts disclosed justify denial of bail on grounds of involvement in the shooting incident.
Legislation cited
- Arms Act — s. 27
- Bharitya Nagrik Suraksha Sanhita (B.N.S.) — s. 109(1), 3(5)
- Bharitya Nagrik Suraksha Sanhita (B.N.S.S.) — s. 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Arms Act
- B.N.S. offences
- FIR delay
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34381 of 2026
Arising Out of PS. Case No.-382 Year-2025 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Sita Ram Sharma Son of Prabhu Sharma Resident of Village- Pachiyari Tola,
Ward No. 03 Rajaura, P.S.- Muffasil, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arjun Prasad, Adv
For the Opposite Party/s : Mr.Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in
connection with Begusarai Muffasil P.S. Case No. 382 of 2025
registered for the offences punishable under Sections 109(1),
3(5) of the B.N.S. and Section 27 of the Arms Act.
3. As per the prosecution case, when the petitioner,
the informant and one other person were smoking ganja, then in
the meantime, one person who was accompanying the petitioner,
fired upon the informant.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. All the persons, including the informant, were
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smoking ganja together. It has been further submitted that the
petitioner did not know the other persons who was standing near
the petitioner and smoking ganja. Learned counsel for the
petitioner has submitted that there is no allegation that petitioner
even exhorted to kill and the person suddenly fired at the
informant. It has further been submitted that petitioner has no
connection with the person who had fired upon the informant. It
has further been submitted that there is delay of 5 days in
lodging the present F.I.R. It has further been submitted that there
is no allegation of any misbehavior against the petitioner. It has
lastly been submitted that the petitioner has got no criminal
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the nature of allegation against the
petitioner, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
in connection with Begusarai Muffasil P.S. Case No. 382 of
Patna High Court CR. MISC. No.34381 of 2026(2) dt.19-05-2026
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2025, subject to the conditions as laid down under Section
482(2) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
(Praveen Kumar, J)
niku/rupa/-
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