Patna High Court
Bauku Sharma @ Upendra SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5), 61(2)
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
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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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