Patna High Court
Upendra Sharma @ Upendra Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail may be granted subject to strict conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioners, Upendra Sharma and three others, sought anticipatory bail after being implicated in a FIR alleging offences under Sections 147, 148, 149, 341, 323, 307, 354(B), 386 of the Indian Penal Code and Section 27 of the Arms Act. They claimed the FIR was false, filed ten days after the alleged incident, and was motivated by a land‑dispute with the informant, who themselves faced a separate case. The State opposed the bail, arguing the seriousness of the alleged offences. After hearing both sides, the Court granted anticipatory bail on the condition that the petitioners surrender within six weeks, furnish a bail bond of Rs.10,000 each with two sureties, and comply with the provisions of Section 438(2) Cr.P.C. and Section 482(2) of the B.N.S.S. The order aims to balance the petitioners' right to liberty with the need to ensure their presence in the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of multiple IPC offences and an Arms Act violation.
- Whether the delay in filing the FIR and the alleged motive of a land dispute render the case mala fide, justifying bail.
- Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- Arms Act — s. 27
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 147, 148, 149, 307, 323, 341, 354(B), 386
Subjects
- anticipatory bail
- false FIR
- land dispute
- IPC offences
- Arms Act
- delay in FIR
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38088 of 2024
Arising Out of PS. Case No.-265 Year-2023 Thana- DAUDNAGAR District- Aurangabad
======================================================
1. Upendra Sharma @ Upendra Kumar Singh Son of Late Baijnath Sharma
Resident of Village and Post- Shamsher Nagar, P.S- Daudnagar , District-
Aurangabad
2. Ravi Ranjan Sharma @ Ravi Ranjan Kumar Sharma @ Bablu Son of Sri
Chitlesh Sharma Resident of Village and Post- Shamsher Nagar, P.S-
Daudnagar , District-Aurangabad
3. Chitlesh Sharma @ Chitlesh Kumar Son of Late Baijnath Sharma Resident
of Village and Post- Shamsher Nagar, P.S- Daudnagar , District-Aurangabad
4. Rajeev Ranjan @ Raju Sharma Son of Chitlesh Sharma Resident of Village
and Post- Shamsher Nagar, P.S- Daudnagar , District-Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Roona, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-03-2026 1. Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel appearing on behalf of
the informant.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 147, 148,
149, 341, 323, 307, 354(B) and 386 of the Indian Penal Code as
well as Section 27 of the Arms Act.
3. Learned counsel for the petitioners submits that
petitioners no. 1, 3 and 4 are persons with clean antecedent and
petitioner no. 2 has antecedent of one case and the informant
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alleges that on 28.04.2023 she had gone to see the levelling of
the road near PACS godown carried out by the labourers without
her husband when petitioners along with five unknown accused
came variously armed and started abusing the labourers and the
driver of the tractor. It is next alleged that the accused persons,
from the date when the purchase of the land was made, were
demanding ransom and were denying the passage. Since the
petitioners were abusing the labourers and the driver of the
tractor, as such, the informant informed her husband’s elder
brother. It is further alleged that Ravi Ranjan torn the saree and
the blouse of the informant thereafter Upendra Sharma and
Manoranjan Sharma assaulted Nanku Pandey and Krishna
Pandey by iron rod and Ravi Ranjan along with unknown
accused made indiscriminate firing upon Nanku Pandey who
was trying to flee.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant on account of dispute relating to land. It is further
submitted that the date of occurrence is 28.04.2023 and the FIR
came to be instituted on 08.05.2023 i.e. after a delay of more
than ten days of the occurrence without any plausible
explanation. It is next submitted that from the side of the
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petitioners Daudnagar P.S. Case No. 249 of 2023 has been
instituted against the informant and her side, as such, the instant
FIR is a counterblast. It is also submitted that a dispute had
arisen and from the side of the informant firing was resorted to
which led to the death of the son of Upendra Sharma and even
Upendra Sharma received firearm injury in his leg. It is further
submitted that the police raided the house of the side of the
informant and recovered arms. It is next submitted that in order
to coerce the petitioners into submission so that they do not
pursue with Daudnagar P.S. Case No. 265 of 2023, the instant
false case came to be instituted ten days after the occurrence
based on a written application of the informant. It is, thus,
submitted that if the instant FIR has been instituted based on the
written application of the informant, the same could have been
instituted promptly even but then was not done which also casts
an aspersion on the allegation as alleged in the FIR when in the
FIR instituted from the side of the petitioners, it is specifically
alleged that side of the informant resorted to firing causing
death of the son of Upendra Sharma on the spot.
5. Learned A.P.P. for the State and learned counsel
appearing on behalf of the informant opposed the prayer for
anticipatory bail of the petitioners.
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6. Learned counsel appearing on behalf of the
informant submits that from perusal of the allegation as alleged
in the FIR, it would manifest that Upendra Sharma, Manoranjan
Sharma and others assualted Nanku Pandey and Krishna Pandey
leading to grievous injury on which learned counsel appearing
on behalf of the petitioners submits that what is not in disptue is
that son of Upendra Sharma was killed by the side of the
informant for which the aforesaid FIR was instituted. It is
reiterated and submitted that even Upendra Sharma received
firearm injury on his leg, as such, it does not appear probable
that after receiving firearm injury Upendra Sharma would have
resorted to assaulting the side of the informant. It is, thus,
submitted that the said allegation has been alleged by way of
afterthought only to coerce Upendra Sharma into submission so
that he does not pursue with the killing of his son made by the
side of the informant.
7. After hearing the learned counsel for the parties, let
the petitioners, above-named, in the event of their arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
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the case is pending/Successor Court in connection with
Daudnagar P.S. Case No. 265 of 2023, subject to the conditions
as laid down under Section 438(2) of the Cr.P.C./482(2) of the
B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
U T
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