Patna High Court
Sunil Sharma @ Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted anticipatory bail to the petitioner subject to bond and surety conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Sunil Sharma, sought anticipatory bail fearing arrest in a criminal case (Sheikhpura PS Case No. 326 of 2025) involving alleged assault and kidnapping of a minor, charged under multiple sections of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.) and Section 8 of the POCSO Act. The prosecution alleged that the petitioner’s relative, Sachin Kumar, and others assaulted the informant’s daughter, threatened her, and fled when neighbors intervened. The petitioner contended he was falsely implicated as the uncle of Sachin Kumar, highlighted a 15‑day delay in filing the FIR, and asserted no specific allegation or prior criminal record against him. The State opposed the anticipatory bail application. After considering the facts, the court noted the absence of specific allegations against the petitioner and his clean antecedents, and consequently granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, with conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nagrik Suraksha Sanhita and POCSO Act despite the pending criminal charges.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 115(2), 126(2), 3(5), 351(2), 352, 482(2), 75, 76
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- anticipatory bail
- B.N.S.S.
- POCSO
- criminal procedure
- FIR delay
- assault
- kidnapping
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3843 of 2026
Arising Out of PS. Case No.-326 Year-2025 Thana- SHEKHPURA District- Sheikhpura
======================================================
Sunil Sharma @ Sunil Kumar Son of Miththu Sharma @ Miththu Mistri
Resident of Village- Mahadevnagar, Ajalatpur, P.S.- Sheikhpura, District-
Sheikhpura
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX W/O YYY R/V - Mohalla - Mahadev Nagar, Ward no. 13, P.S. and
Dist. - Sheikhpura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate
Ms. Sarita Kumari, Advocate
Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Ms. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 09-04-2026 Despite service of notice upon O.P. No. 2 and giving
sufficient opportunity, no one is present on her behalf.
2. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
3. The petitioner apprehends his arrest in connection
with Sheikhpura P.S. Case No. 326 of 2025, instituted under
Sections 115(2), 126(2), 75, 76, 351(2), 352, 3(5) of the B.N.S.
and Section 8 of POCSO Act.
4. As per the prosecution case, on the date of
occurrence one Sachin Kumar came at the house of informant
and started abusing and asked about her daughter. On seeing the
Patna High Court CR. MISC. No.3843 of 2026(4) dt.09-04-2026
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daughter of informant, he grabbed her hand and started dragging
her out and said that he will take her away. After gathering of
people, he released the daughter of informant. It is alleged that
Sachin Kumar threatened to come at evening with group of
people. In the evening, he came with F.I.R. named accused
persons and four unknown persons having armed in their hands
and started assaulting the informant. They entered into the house
of informant and dragged her daughter out by her scarf, tearing
her clothes. In the meanwhile, a family member secretly dialled
112. Upon hearing the commotion, neighbours came and then
the accused persons fled away.
5. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case being uncle of co-accused Sachin Kumar. There is delay of
15 days in registering the F.I.R. without any plausible
explanation. The specific allegation is against co-accused
Sachin Kumar who is in judicial custody. There is no specific
allegation against the petitioner. Petitioner has no criminal
antecedent. Petitioner undertakes to co-operate in the
investigation and trial.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
Patna High Court CR. MISC. No.3843 of 2026(4) dt.09-04-2026
3/3
7. Considering the facts and circumstances of the
case, submission of learned counsel for the parties and there is
no specific allegation against the petitioner and fair antecedent,
in the event of arrest or surrender before the Court below within
six weeks from today, the petitioner be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge, POCSO, Sheikhpura in connection
with Sheikhpura P.S. Case No. 326 of 2025, subject to the
conditions laid down in Section 482 (2) of the Bharatiya Nagrik
Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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