Created by Fuzzy Cloud

Patna High Court

Sunil Sharma @ Sunil KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.