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Patna High Court

Ashok SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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