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Patna High Court

Bauku Sharma @ Upendra SharmaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied regular bail to the petitioner.

Summary

The petitioner, Bauku Sharma, was arrested in connection with the murder of an informant’s husband, alleged to have been carried out by Sharma and four co‑accused. The charge sheet cites sections 103(1), 238, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. Sharma applied for regular bail, arguing that the informant is not an eye‑witness and that the case is based only on a ‘last seen’ circumstance. The State opposed bail, relying on the testimony of an eye‑witness who claimed to have seen Sharma committing the offence. The Court, considering the gravity of the charges and the material collected, dismissed the bail application and directed that the trial be expedited, preferably concluded within a year.

Issues considered

  • Whether regular bail should be granted to the accused in a murder case under sections 103(1), 238, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the testimony of an eye‑witness suffices to deny bail in view of the seriousness of the offence.

Legislation cited

Subjects

  • regular bail
  • murder
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • eye‑witness testimony
  • trial expedite

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4591 of 2026
                       Arising Out of PS. Case No.-61 Year-2025 Thana- PASRAHA District- Khagaria
                 ======================================================
                 Bauku Sharma @ Upendra Sharma S/O Bindeshwari Sharma R/O village-
                 Badi Paikant, P.S.- Pasraha, Dist.- Khagaria.
                                                                      ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                               ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Seema Kumari, Advocate
                 For the Opposite Party/s :        Mr.Ramesh Chandra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-02-2026                    Heard learned counsel for the parties.

                                2. Petitioner seeks regular bail in a case registered for

                   the offence punishable under sections 103(1), 238, 61(2) and

                   3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per prosecution case, petitioner and four other

                   accused persons came to the house of the informant and took

                   her husband with them. Thereafter, informant’s husband was

                   killed by these accused persons.

                                4. Learned counsel for the petitioner submits that

                   Informant is not an eye witness to the occurrence. At best, it is a

                   case of last seen together with the deceased. Charge sheet has

                   already been submitted. Petitioner is in custody since 2.8.2025.

                                5. Learned counsel for the State opposes the prayer

                   for bail. During investigation, one of the eye witnesses claimed
               Patna High Court CR. MISC. No.4591 of 2026(2) dt.16-02-2026
                                                           2/2




                         to have seen this petitioner committing the offence.

                                      6. Considering the gravity of accusation as well as the

                         materials collected during course of investigation, petition for

                         bail of this petitioner is dismissed. Since, petitioner is in

                         custody, let the trial be expedited and concluded preferably

                         within a year.



                                               (Prabhat Kumar Singh, J)
shashi/-

U          T


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