Patna High Court
Amit Shankar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Amit Shankar Sharma was arrested on 19 November 2025 in connection with a vehicle theft and alleged illegal possession of a firearm, charged under Sections 309(4) and 3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 27 of the Arms Act. The petitioner claimed he was falsely implicated, that the prosecution had not conducted a trial‑in‑principle (TIP), and that his confession was self‑made and unreliable. The State opposed bail, citing three prior criminal antecedents. The Court examined the lack of TIP, the nature of the allegations, and the petitioner’s criminal history, and concluded that continued custody was not justified. Accordingly, the Court ordered his release on bail of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented without delay for verification.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and his prior criminal antecedents
- Whether the absence of a trial‑in‑principle (TIP) and the claim of a false confession affect the bail decision
- Whether the conditions imposed by the Court are sufficient to safeguard the trial process
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 309(4), 3(5)
Subjects
- bail
- criminal antecedent
- false confession
- trial in principle
- Arms Act
- Bharatiya Nyay Sanhita
- vehicle theft
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45239 of 2026
Arising Out of PS. Case No.-133 Year-2025 Thana- Panapur District- Muzaffarpur
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Amit Shankar Sharma Son of Ratneshwar Sharma Resident of Village-
Dharampur, P.S.- Vaishali, District- Vaishali at Hajipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr Satyendra Kumar Shrivastava, Advocate
For the State : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 03-07-2026 Heard Dr Satyendra Kumar Shrivastava, learned
counsel for the petitioner as well as Mr. Bhanu Pratap Singh,
learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
19.11.2025 in connection with Panapur Kariyat P.S. Case No. 133
of 2025, F.I.R. dated 25.08.2025 for the offences punishable under
Sections 309(4) and 3(5) of the Bharatiya Nyay Sanhita, 2023 and
Section 27 of Arms Act.
3. According to prosecution case, it is alleged that on
24.08.2025 at 21.30 hours, the informant had parked his vehicle at
Maa Bhavani Trader and was talking to someone. In the meantime,
some unknown persons came in a white color Scorpio and asked
for the key of the informant’s vehicle on point of pistol and they
snatched away the key of the vehicle and took away the vehicle.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.45239 of 2026(2) dt.03-07-2026
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petitioner is innocent and he has falsely been implicated in the
present case. The allegation levelled against the petitioner is false
and fabricated. He further submits that the petitioner was
apprehended in Vaishali P.S. Case No. 644 of 2025 dated
07.09.2025 in which one the basis of his statement before police
has been remanded in the present case and till date no TIP has been
conducted by the prosecution. He further submits that the police
after investigation submitted the charge sheet against the petitioner
on 31.01.2026 and the petitioner is in custody since 19.11.2025.
5. The learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries three criminal antecedents other than
the present one.
6. Considering the aforesaid facts and circumstances,
petitioner has been made accused in the present case on the basis
of his self-confessional statement and till date no TIP has been
conducted by the prosecution and he is in custody since
19.11.2025, let the petitioner, above named, 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
A.C.J.M-III (West Muzaffarpur) in connection with Panapur
Kariyat P.S. Case No. 133 of 2025, subject to the following
Patna High Court CR. MISC. No.45239 of 2026(2) dt.03-07-2026
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conditions:-
i. Petitioner 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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner 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 petitioner and in case at any
stage it is found that the petitioner has concealed his criminal
antecedent, the court below shall take step for cancellation of bail
bond of the petitioner. 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)
Suruchi/-
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