Patna High Court

Vivek Sharma @ Vivek KumarversusThe State of Bihar

Decided: 21 January 2026
Disposal: ALLOWED
Bench: SANDEEP KUMAR

Holding

The court granted anticipatory bail to the petitioner, subject to a monetary bond, sureties, and verification of the children’s residence.

Summary

The petitioner, Vivek Sharma, sought anticipatory bail fearing arrest in a murder case (PS Case No. 663 of 2024) where he was accused under Section 140(3) of the BNS, with additional charges under Sections 103(1) and 238. The prosecution alleged he killed his wife, while the petitioner claimed innocence, citing a statement from his minor daughter that the mother had left after he beat the child. The court noted that only suspicion existed and no substantive evidence was presented against the petitioner. Accordingly, the court allowed the bail application, directing release on a Rs.10,000 bond with two sureties, subject to Section 438(2) of the CrPC and Section 482 of the BNSS. A condition was imposed that the court verify whether the petitioner’s children, born out of wedlock with the deceased, are residing with him before accepting the bail bond.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC given the case is based solely on suspicion.
Whether imposing the condition that the petitioner’s children must be staying with him is a valid condition for bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
Section 438 CrPC
Section 482 BNSS
murder accusation
suspicion
bail conditions
child custody verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44106 of 2025
                    Arising Out of PS. Case No.-663 Year-2024 Thana- JAHANABAD District- Jehanabad
                 ======================================================
                 Vivek Sharma @ Vivek Kumar S/o Satish Sharma R/o vill - Sumera, P.S. -
                 Tehta, Distt.- Jehanabad
                                                                       ... ... Petitioner/s
                                              Versus
                 The State of Bihar Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rakesh Kumar Sharma
                 For the Opposite Party/s :        Mr.Shahabuddin Azeem @ S. Azeem
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

7   21-01-2026                      Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                   2.         The petitioner apprehends his arrest in

                   connection with Jehanabad P.S. Case No. 663 of 2024 registered

                   for the offence under Section 140(3) of the BNS and later

                   Sections 103(1) and 238 of the BNS were also added.

                                   3. As per the prosecution case, the petitioner is

                   suspected to have killed his wife.

                                   4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. He further submits that though the

                   allegation against the petitioner is of killing his wife but the

                   minor daughter of the petitioner has said in her statement that

                   her mother has gone somewhere when the petitioner was

                   beating his daughter.
          Patna High Court CR. MISC. No.44106 of 2025(7) dt.21-01-2026
                                                      2/2




                                    5. Considering the facts of the case and also the

                    fact that except for suspicion, nothing has come against the

                    petitioner, this application is allowed.

                                    6. Let the petitioner, 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 Chief Judicial

                    Magistrate, Jehanabad/concerned Court below in connection

                    with Jehanabad P.S. Case No. 663 of 2024, subject to the

                    conditions laid down in Section 438(2) of the Code of Criminal

                    Procedure, 1973 / Section 482 of the BNSS.

                                    7. As a condition of this order, the Court below,

                    before accepting the bail bonds of the petitioner is directed to

                    verify the fact that the children, who are born out of the wedlock

                    of the petitioner and the deceased are staying with the petitioner

                    or not. It is made clear that that the bail bonds of the petitioner

                    shall only be accepted if the children of the petitioner are

                    staying with him.


                                                               (Sandeep Kumar, J)
Vikas/-

U

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