Patna High Court
Ashok SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners, subject to a bond and specified conditions.
Summary
The petitioners, Ashok Sharma and Randhir Kumar Sharma, sought bail in connection with a criminal case (Babura P.S. Case No. 50 of 2025) arising from an FIR dated 16-08-2025 alleging assault and other offences under Sections 126(2), 115(2), 110, 351, 352(2) and 3(5) of the BNS, 2023. The prosecution alleged that the petitioners assaulted the informant and his son, causing injuries, while the petitioners contended they have a clean antecedent, the FIR is false and fabricated, and the injury was simple. The Additional Public Prosecutor opposed bail, but the court considered the petitioners' clean record and the minor nature of the injury. Accordingly, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC, including cooperation with the trial and non‑tampering with evidence. The order also directed verification of criminal antecedents and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether the petitioners are entitled to bail despite the seriousness of the offences alleged under the BNS, 2023.
- Whether the petitioners' clean antecedent and the simple nature of the injury justify the grant of bail.
- Whether the conditions prescribed under Section 438(2) of the Code of Criminal Procedure are satisfied.
Legislation cited
- BNS, 2023 — s. 110, 115(2), 126(2), 3(5), 351, 352(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- Criminal Procedure Code
- Section 438
- clean antecedent
- false FIR
- assault
- Bihar High Court
- criminal antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4029 of 2026
Arising Out of PS. Case No.-50 Year-2025 Thana- BABURA District- Bhojpur
======================================================
1. Ashok Sharma Son of Late Krishna Mistri Resident of village - Rajapur
Pachrukhiya, Police Station - Babura, District - Bhojpur.
2. Randhir Kumar Sharma @ Randhir Sharma @ Randhir Kumar Son of
Ashok Sharma Resident of village - Rajapur Pachrukhiya, Police Station -
Babura, District - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-02-2026 Heard Mr. Anil Kumar Singh, learned counsel for the
petitionerss and Mr. Yogendra Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Babura P.S. Case No. 50 of 2025, F.I.R. dated
16.08.2025 for the offences punishable under Sections 126(2),
115(2), 110, 351, 352(2) and 3(5) of the BNS, 2023.
3. According to prosecution case, all the accused
persons including these petitioners have assaulted to the
informant and his son due to which they received injuries.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
Patna High Court CR. MISC. No.4029 of 2026(2) dt.06-02-2026
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implicated in the present case. He further submits that the
allegation as alleged in the F.I.R is false and fabricated and the
petitioners have not committed any offence as alleged in the
F.I.R. It appears from the F.I.R that due to some petty dispute
the present occurrence has taken place and both the sides have
received injuries. Although there is specific allegation of assault
attributed against the petitioners that they have assaulted to the
informant by means of iron rod due to which he received injury
but the injury report of the injured person suggest that the injury
is simple in nature.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
that the petitioners have clean antecedent and the injury
received by the injured person is simple in nature, let the
petitioners, above named, in the event of their arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, 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
C.J.M., Bhojpur at Ara in connection with Babura P.S. Case No.
50 of 2025, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.4029 of 2026(2) dt.06-02-2026
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438(2) of the Code of Criminal Procedure and with other
following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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