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Patna High Court

Ajay SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that, given the facts and the period of custody, bail should be granted to the petitioner.

Summary

The petitioner, Ajay Sharma, was arrested in connection with a case registered under sections 80(2), 103(1), 61(2) and 3(5) of the B.N.S., alleging his involvement in the death of his wife. He has been in custody since 18 September 2024 and claims that the deceased committed suicide, a fact he says is supported by independent witnesses. The petitioner’s counsel argued that he is falsely implicated and that only seven of the thirteen witnesses have been examined. The State opposed the bail application, contending that the petitioner should remain in custody. The Court, after considering the circumstances and the length of detention, granted bail on the condition of a Rs. 10,000 bond with two sureties and ordered the petitioner to cooperate with the trial.

Issues considered

  • What is the appropriate basis for granting bail to a petitioner accused under sections 80(2), 103(1), 61(2) and 3(5) of the B.N.S.?
  • Whether the petitioner’s claim of suicide and lack of complete witness examination justify bail?

Legislation cited

  • B.N.S. — s. 103(1), 3(5), 61(2), 80(2)

Subjects

  • bail
  • criminal procedure
  • false implication
  • suicide
  • witness examination
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3469 of 2026
                         Arising Out of PS. Case No.-65 Year-2024 Thana- BATIYA District- Jamui
                 ======================================================
                 Ajay Sharma S/O Sodak sharma R/O Village - Bhurha, P.S- Batia, District -
                 Jamui

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Bipin Kumar, Adv
                 For the Opposite Party/s :        Mr.Nand Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   11-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. This is the second attempt on behalf of the

                   petitioner for grant of bail.

                                3. The petitioner seeks bail in connection with Batia

                   P.S.Case No 65 of 2024 registered for the offence punishable

                   under sections 80(2), 103(1), 61(2), 3(5) of the B.N.S.

                                4. Petitioner is the husband of the deceased and is in

                   jail custody since 18.09.2024.

                                5. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. He submits that the deceased has committed suicide and

                   this fact has been supported by some independent witnesses. He

                   further submits that the dead body was brought out after
            Patna High Court CR. MISC. No.3469 of 2026(3) dt.11-02-2026
                                                        2/2




                      breaking open the latch of the door. He further submits that out

                      of 13 witnesses only 7 witnesses have been examined till date.

                                   6. Learned APP appearing for the State opposes the

                      prayer for regular bail of the petitioner.

                                   7. Considering the facts and circumstance and period

                      of custody, this application is allowed.

                                   8. Let the petitioner, above named, be released on bail

                      on furnishing bail bonds of Rs. 10,000/- ( ten thousand) with

                      two sureties of the like amount each to the satisfaction of the

                      learned court below/ concerned Court in connection with Batia

                      P.S.Case No. 65 of 2024, subject to the condition that petitioner

                      will co-operate in the trial.




                                                 (Sandeep Kumar, J)
N.K/-

U       T


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