Patna High Court
Bindeshwar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bharitya Nagrik Suraksha Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 3(5), 482(2), 76
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
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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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