Patna High Court
Sudhir Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
No offence under Section 307 IPC is made out, and the bail application is allowed.
Summary
The petitioners, Sudhir Kumar Sharma and Raju Kumar, filed a bail application fearing arrest in connection with Guraru Police Station Case No.188 of 2023, which alleged offences under several IPC sections including 341, 323, 504, 427, 379, 307 and 34. The prosecution alleged that the petitioners assaulted an informant, while the petitioners contended they were falsely implicated due to a private family dispute. Their counsel argued that the alleged injury was grievous but stemmed from a civil quarrel, and that no offence under Section 307 IPC could be established. The High Court examined the facts and concluded that the elements of Section 307 were not satisfied, thereby allowing the bail application. Consequently, the court ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 of the BNSS.
Issues considered
- Whether the facts alleged constitute an offence under Section 307 of the Indian Penal Code.
- Whether the petitioners are entitled to bail under Section 438(2) of the Code of Criminal Procedure, 1973.
Legislation cited
- Bihar Negotiable Instruments Act — s. 482
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 307, 323, 34, 341, 379, 427, 504
Subjects
- bail
- Section 307 IPC
- Section 438 CrPC
- Section 482 BNSS
- false implication
- civil dispute
- Indian Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38806 of 2025
Arising Out of PS. Case No.-188 Year-2023 Thana- GURARU District- Gaya
======================================================
1. Sudhir Kumar Sharma S/O Late Nunu Sharma R/O Village-Konchi, PS-
Guraru, Distt-Gaya
2. Raju Kumar S/O Awadhesh Sharma R/O Village-Konchi, PS- Guraru, Distt-
Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh
For the Opposite Party/s : Mr.Pushpa Sinha.1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 17-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Guraru P.S. Case No. 188 of 2023 registered for
the offence under Sections 341, 323, 504, 427, 379, 307 and 34
of the Indian Penal Code.
3. As per the prosecution case, the petitioners are
accused of assaulting the informant.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. He further submits that
from the allegations levelled against the petitioners, it appears
Patna High Court CR. MISC. No.38806 of 2025(8) dt.17-02-2026
2/2
that both the parties are relatives and they are fighting because
of private/civil dispute and there is case and counter case
between the parties. He further submits that the alleged injury
caused in the hand is grievous.
7. Considering the aforesaid facts, this Court is of
the opinion that no offence under Section 307 of the Indian
Penal Code is made out. Accordingly, this application is
allowed.
8. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate-X, Gaya/concerned Court below in
connection with Guraru P.S. Case No. 188 of 2023, subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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