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Patna High Court

Devendra Sharma @ Debu SharmaversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Anticipatory bail was denied to the primary accused and granted only to the secondary accused subject to strict conditions.

Summary

The High Court heard two anticipatory bail applications arising from Khagaria Police Station Case No. 11 of 2025, wherein the petitioners were alleged to have shot at Krishna Kumar under Sections 126(2), 109, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita. The petitioners argued they had no prior convictions (or only one minor antecedent) and had not killed anyone. The State opposed the bail, contending the accused had murdered the victim. The Court dismissed the anticipatory bail for petitioner No.1 (Devendra Sharma) and ordered him to surrender within four weeks, while granting bail to petitioner No.2 (Naresh Mahto) subject to a Rs.10,000 bond, two sureties and conditions under CrPC Section 438(2) and BNSS Section 482. In the second petition (Rajiv Kumar), the Court also dismissed the anticipatory bail and directed surrender within four weeks.

Issues considered

  • Whether anticipatory bail should be granted to the accused under Sections 126(2), 109, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita in view of the alleged shooting and alleged murder.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • murder
  • shooting
  • bail conditions
  • surrender

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.40897 of 2025
                     Arising Out of PS. Case No.-11 Year-2025 Thana- KHAGARIA District- Khagaria
                 ======================================================
           1.     Devendra Sharma @ Debu Sharma Son of Ramjatan Sharma @ Ramjatan
                  Mahto Village -Shuja Tola Police Station- Mufasil District- Begusarai
           2.    Naresh Mahto @ Naresh Mo @ Naresh Sharma son of Late Ramsagar
                 Mahto @ Late Sagar Sharma village- Maida Babhangawan, Ps- Birpur, Dist-
                 Begusarai

                                                                                  ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                            CRIMINAL MISCELLANEOUS No. 47620 of 2025
                     Arising Out of PS. Case No.-11 Year-2025 Thana- KHAGARIA District- Khagaria
                 ======================================================
                 Rajiv Kumar @ Rajiv Sharma S/O Vidya Sagar Sharma R/O Village- Maida
                 Babhangawan, Police Station- Birpur, District- Begusarai.

                                                                                  ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 40897 of 2025)
                 For the Petitioner/s     : Ms.Anjana, Advocate
                 For the Opposite Party/s : Mr.Manoj Kumar, APP
                 (In CRIMINAL MISCELLANEOUS No. 47620 of 2025)
                 For the Petitioner/s     : Ms.Anjana, Advocate
                 For the Opposite Party/s : Mr.Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   17-02-2026                  Ref:- Cr. Misc. No. 40897/2025

                                Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                               2. The petitioners apprehend arrest in connection

                   with Khagaria P.S. Case No. 11 of 2025 instituted under
Patna High Court CR. MISC. No.40897 of 2025(6) dt.17-02-2026
                                            2/4




          Sections 126(2), 109, 61(2) and 3(5) of the Bharatiya Nyaya

          Sanhita.

                       3. As per the prosecution case, three accused persons

          including petitioner no. 1 are alleged to have shot at Krishna

          Kumar @ Kaso Kumar indiscriminately.

                       4. Learned counsel for the petitioners submits that

          the petitioners have not killed anyone. Petitioners have clean

          antecedent.

                       5. Learned APP for the State has opposed the prayer

          for anticipatory bail of the petitioners on the ground that the

          they murdered the victim by firing at him.

                       6. Considering the allegations levelled against

          petitioner no. 1, this is not a fit case for grant of anticipatory

          bail.

                       7. Accordingly, the application stands dismissed with

          respect to petitioner no. 1 only.

                       8. The petitioner no. 1 is directed to surrender within

          four weeks from today and pray for regular bail, failing which

          the Superintendent of Police, Khagaria will take all steps for

          arrest of the petitioner.

                       9. So far as petitioner no. 2 is concerned, there is

          general and omnibus allegations levelled against him.
Patna High Court CR. MISC. No.40897 of 2025(6) dt.17-02-2026
                                            3/4




                       10. Let the petitioner no. 2, above named, in the event

          of his 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 C.J.M.,

          Khagaria/ concerned Court below in connection with Khagaria

          P.S. Case No. 11 of 2025, subject to the conditions laid down in

          Section 438(2) of the Code of Criminal Procedure, 1973 /

          Section 482 of the BNSS.

                       Ref:- Cr. Misc. No. 47620 of 2025

                       11. Heard learned counsel for the petitioner and

          learned A.P.P. for the State.

                       12. The petitioner apprehends arrest in connection

          with Khagaria P.S. Case No. 11 of 2025 instituted under

          Sections 126(2), 109, 61(2) and 3(5) of the Bharatiya Nyaya

          Sanhita.

                       13. As per the prosecution case, three accused

          persons including petitioner are alleged to have shot at Krishna

          Kumar @ Kaso Kumar indiscriminately.

                       14. Learned counsel for the petitioner submits that

          the petitioner had not assaulted anyone. Petitioner has one

          criminal antecedent.
              Patna High Court CR. MISC. No.40897 of 2025(6) dt.17-02-2026
                                                          4/4




                                     15. Learned APP for the State has opposed the prayer

                        for anticipatory bail of the petitioner on the ground that the he

                        murdered the victim by firing at him.

                                     16. Considering the allegations levelled against

                        petitioner, this is not a fit case for grant of anticipatory bail.

                                     17. Accordingly, the application stands dismissed.

                                     18. The petitioner is directed to surrender within four

                        weeks from today and pray for regular bail, failing which the

                        Superintendent of Police, Khagaria will take all steps for arrest

                        of the petitioner.

                                     19. Let a copy of this order be communicated to the

                        Superintendent of Police, Khagaria through FAX or e-mail for

                        its compliance.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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