Patna High Court
Arunjay SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner under Section 482(2) of the BNS, subject to bond and surety conditions.
Summary
The petitioner, Arunjay Sharma, was named in an FIR for alleged involvement in a shooting that injured an informant, under Sections 109(1), 118(2) and 3/5 of the BNS and Section 27 of the Arms Act. The informant initially did not name Sharma in the FIR but later identified him during investigation, claiming the allegation of firing pertained only to co‑accused. Sharma's counsel argued that there was no direct allegation against him and that the informant’s later naming was motivated by ulterior reasons, also highlighting Sharma's clean antecedent. The State opposed bail, but the court noted the lack of specific allegation in the FIR and the informant’s delayed identification. Applying Section 482(2) of the BNS, the court ordered Sharma's release on bail with a bond of Rs.10,000 and two sureties, subject to standard conditions.
Issues considered
- Whether a person named later during investigation, but not in the original FIR, is entitled to bail under Section 482(2) of the BNS
- Whether the absence of a specific allegation of firing against the petitioner justifies granting bail
- Whether the informant’s delayed identification of the petitioner affects the bail decision
Legislation cited
Subjects
- bail
- FIR
- Arms Act
- Section 482
- investigation
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42199 of 2026
Arising Out of PS. Case No.-750 Year-2025 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Arunjay Sharma S/o Late Brahamdatt Sharma R/o Village - Haebrapur
Kaoreya P.S - Haspura ,District- Aurangabad. Currently residing at Shri
Krishna Nagar Ahari P.S- Nagar Post, District- Aurnagabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Surabhi Suman
For the Opposite Party/s : Mr.Renuka Ratnakar (App 125)
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 07-07-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and apprehending
his arrest in connection with Aurangabad (Town) P.S. Case
No.750/2025 registered for the offences punishable under Sections
109(1), 118(2) and 3/5 of the BNS and Section 27 of the Arms Act.
3. As per FIR, on the instigation of co-accused Brjesh
Sharma, Chunnu Pandey and Ankit Pandey fired upon informant as a
result of which, he sustained firearm injuries.
4. It is submitted by learned counsel appearing on behalf
of the petitioner that allegation of firing is available against co-
accused Chunnu Pandey and Ankit Pandey and not against this
petitioner and his named transpired in this case during the course of
investigation by informant himself. It is submitted that informant
himself is the injured in this case and he failed to name this
petitioner, while authoring the FIR, but subsequently he named this
Patna High Court CR. MISC. No.42199 of 2026(2) dt.07-07-2026
2/2
petitioner only as an afterthought due to oblique motive. It is
submitted that considering all such aspects co-accused Sarwesh
Pandey was granted bail by one of the learned Co-ordinate Bench of
this Court through Cr. Misc. No. 34590/2026 dated 15.05.2026.
Petitioner claimed clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by taking
note of fact as informant/injured failed to name this petitioner while
authoring the FIR, whereas he named this petitioner during the
course of investigation subsequently, coupled with the fact as
allegation of firing is not available against this petitioner, accordingly
petitioner above-named, in the event of his arrest or surrender before
the court below within a period of four weeks, is directed to be
released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned CJM, Aurangabad/concerned Court, where
the case is pending in connection with Aurangabad (Town) P.S. Case
No.750/2025, subject to the conditions as laid down under Section
482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.