Patna High Court

Fuldev Sharma @ Phuldev SharmaversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Fuldev Sharma, sought anticipatory bail fearing arrest in a case registered under multiple IPC sections for alleged assault and attempted outrage of modesty. The prosecution alleged that on 17 April 2023, the petitioner and others, armed with weapons, assaulted an informant and attempted to outrage his daughter‑in‑law. The petitioner contended that the dispute stemmed from a pre‑existing land conflict, that the allegations were general and lacked any specific overt act against him, and that the case was a counter‑case. The State opposed the bail application. Considering the background and nature of the accusations, the court granted anticipatory bail, directing that if arrested within eight weeks the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail can be granted to the petitioner despite the serious allegations under various IPC sections.
Whether the prosecution has alleged a specific overt act against the petitioner sufficient to deny anticipatory bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)

Subjects

anticipatory bail
Indian Penal Code
Section 482
Bharatiya Nagarik Suraksha Sanhita
assault
attempted outrage of modesty
land dispute
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4302 of 2026
                      Arising Out of PS. Case No.-96 Year-2023 Thana- KISHANPUR District- Supaul
                 ======================================================
                 Fuldev Sharma @ Phuldev Sharma Son of Late Musharu Sharma Resident of
                 Ward No. - 7, Parsa, P.S. - Kishanpur, District - Supaul.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amrit Abhijat, Advocate
                 For the Opposite Party/s :       Mr. Pramod Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-02-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 147, 149, 341, 323, 324,

                   325, 307, 354B, 504, 506 of the Indian Penal Code.

                                3. Prosecution case, in brief, is that on 17.4.2023 at

                   about 9:30 AM, when informant was doing some construction

                   work near his house, in the meantime, all the F.I.R. named

                   accused persons, including this petitioner, and 10-15 unknown

                   persons, armed with weapons, came there and assaulted

                   informant. It is further alleged that this petitioner along with co-

                   accused Upendra Sharma caught hold of the daughter-in-law of

                   informant and tried to outrage her modesty.

                                4. Learned counsel for the petitioner submits that on

                   account of pre-existing land dispute, altercation took place
              Patna High Court CR. MISC. No.4302 of 2026(2) dt.19-02-2026
                                                          2/2




                        between the parties in which both sides inflicted injuries on each

                        other. Case and counter case. Case of the petitioner is earlier in

                        point of time. Allegation of assault is general and omnibus and

                        there is no allegation of any specific overt act against petitioner.

                        Rest of the allegations are ornamental only to make the case

                        grave.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering backdrop of the case and nature of

                        accusation, this anticipatory bail is allowed and it is ordered that

                        let the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of Chief Judicial Magistrate,

                        Supaul in connection with Kishanpur P. S. Case No. 96 of 2023,

                        subject to condition as laid down under Section 482(2) of the

                        Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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