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Patna High Court

Bindeshwar SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted subject to conditions under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.

Summary

The petitioners, Bindeshwar Sharma and Dharamveer Kumar, sought anticipatory bail fearing arrest in connection with FIR No. 152 of 2026 alleging assault with a shovel. The allegations involved minor injuries to an informant and her husband, who belong to the same family as the petitioners, and the FIR was lodged after an eight‑day delay. The petitioners argued that the injuries were simple and the dispute was petty, while the State opposed the bail. The Court considered these facts, the nature of the injuries, the familial relationship, and the delay in filing the FIR. It granted anticipatory bail on the condition that the petitioners surrender within six weeks, furnish a bail bond of Rs 10,000 with two sureties, and comply with Section 482(2) of the Bharitya Nagrik Suraksha Sanhita. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in view of the alleged assault and the circumstances of the case

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • FIR delay
  • family dispute
  • Section 482
  • bail bond
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35591 of 2026
                       Arising Out of PS. Case No.-152 Year-2026 Thana- BIDUPUR District- Vaishali
                 ======================================================
           1.     Bindeshwar Sharma S/o Punit Sharma R/o Village - Dilawarpur West, P.S. -
                  Bidupur, Dist. - Vaishali.
           2.     Dharamveer Kumar S/o Bindeshwar Sharma R/o Village - Dilawarpur West,
                  P.S. - Bidupur, Dist. - Vaishali.
                                                                         ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Alok Kumar Alok
                 For the Opposite Party/s :        Mr.Braj Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER
2   21-05-2026                  The matter has been taken up today through video

                   conferencing.

                                2. Heard learned counsel for the petitioners and

                   learned APP for the State.

                               3. The petitioners are apprehending their arrest in

                   connection with Bidupur PS Case No 152 of 2026 registered for

                   the offence punishable under Sections 126 (2), 115 (2), 117 (2),

                   118 (1), 109, 76, 3 (5) of the BNS.

                                4. As per the allegation, petitioner No 1 Bindeshwar

                   Sharma is alleged to have assaulted by means of Shovel on the

                   head of the informant while petitioner No 2 Dharamveer Kumar

                   is alleged to have specifically assaulted on the eye of the

                   husband of the informant.

                                5. Learned counsel for the petitioners, drawing the

                   attention of the Court towards Annexure 2, has submitted that
           Patna High Court CR. MISC. No.35591 of 2026(2) dt.21-05-2026
                                                       2/2




                     the injuries sustained by the informant and her husband are

                     simple in nature. It has further been submitted that both the

                     parties belong to one and the same family and due to petty

                     dispute, an altercation took place. It has further been submitted

                     that there is delay of about eight days in lodging the present

                     FIR.

                                  6. Learned APP for the State has vehemently opposed

                     the prayer for anticipatory bail of the petitioners.

                                  7. Heard the parties and perused the record.

                                  8. Considering the aforesaid facts and circumstances

                     of the case, let the above named petitioners, in the event of their

                     arrest/surrender within a period of six weeks from today, be

                     enlarged on anticipatory bail on each of them 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, Vaishali at Hajipur, in connection with Bidupur PS

                     Case No 152 of 2026 subject to the conditions as laid down

                     under Section 482 (2) of the Bharitya Nagrik Suraksha Sanhita.

                                  9. This application stands allowed.


                                                (Praveen Kumar, J)
M.E.H./-

U      T


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