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Patna High Court

Pappu SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted anticipatory bail to petitioners Kaushal Kumar and Pramila Devi, subject to conditions, and allowed the withdrawal of petitioner Pappu Sharma's bail application.

Summary

The petitioners, Pappu Sharma, Kaushal Kumar and Pramila Devi, filed an anticipatory bail application in a case registered under Sections 126(2), 115(2), 352, 109 and 3(5) of the Bihar Negotiable Sale Act, alleging false implication stemming from a family property dispute. The counsel for petitioner‑1 (Pappu Sharma) withdrew his bail application after his arrest, and the court permitted the withdrawal. Petitioners‑2 and 3, who claim clean antecedents and assert that the alleged injuries were minor, sought anticipatory bail. The State opposed the bail on the ground of the seriousness of the offences. After considering the submissions, the court ordered that Kaushal Kumar and Pramila Devi be released on anticipatory bail if arrested within six weeks, subject to bail bonds and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to petitioners Kaushal Kumar and Pramila Devi under the circumstances alleged.
  • Whether the anticipatory bail application of petitioner Pappu Sharma can be withdrawn after his arrest.
  • Whether the allegations constitute offences under Sections 126(2), 115(2), 352, 109 and 3(5) of the Bihar Negotiable Sale Act warranting denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • family property dispute
  • assault
  • Cr.P.C. 438
  • B.N.S.S. 482
  • Bihar Negotiable Sale Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4745 of 2026
                   Arising Out of PS. Case No.-422 Year-2025 Thana- PAKARIBARAW District- Nawada
                 ======================================================
           1.     Pappu Sharma S/o- Late Janardan Sharma R/o Vill - Kachna, P.S -
                  Pakribarawan, Dist - Nawada
           2.    Kaushal Kumar S/o- Pappu Sharma R/o Vill - Kachna, P.S - Pakribarawan,
                 Dist - Nawada
           3.     Pramila Devi W/o- Pappu Sharma R/o Vill - Kachna, P.S - Pakribarawan,
                  Dist - Nawada
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Birendra Kumar, Advocate
                 For the Opposite Party/s :      Mr. Satyendra Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-03-2026                  1. Learned counsel for the petitioners, at the outset,

                   seeks permission to withdraw the anticipatory bail application

                   with respect to petitioner no. 1, namely, Pappu Sharma, who

                   was arrested during pendency of the same.

                                2. Permission is accorded.

                                3. Accordingly, the anticipatory bail application with

                   respect to petitioner no. 1 is dismissed as withdrawn.

                                4. Heard learned counsel for the petitioners no. 2 and

                   3 and learned A.P.P. for the State.

                                5. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 352, 109 and 3(5) of the BNS.
Patna High Court CR. MISC. No.4745 of 2026(2) dt.19-03-2026
                                            2/3




                       6. Learned counsel for the petitioners submits that

          petitioners no. 2 and 3 are persons with clean antecedent and

          petitioner no. 3 is a woman and the informant alleges that on

          20.10.2025, at 07:00 a.m., Pappu Sharma said that her husband

          assaulted his cow, on which she objected. It is next alleged that

          08:30 p.m. she was going to lit Diya outside her house when

          accused persons came and started abusing and on objection

          Kaushal and Uttam assaulted her by Khanti and when her

          husband came to save her accused Pappu Sharma and Pamila

          Devi assaulted him by rod and lathi injuring him.

                       7. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is further submitted that informant and Pappu

          Sharma are own brother and are having dispute relating to

          property. It is next submitted that even presuming what has been

          alleged is true without admitting then the injury suffered by the

          injured has been opined to be simple in nature as would

          manifest from Annexure-3 to the anticipatory bail application

          i.e. the injury report of Sri Kant Sharma and Anita Devi. It is

          also submitted that petitioners are not the criminals.

                       8. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners no. 2 and 3.
           Patna High Court CR. MISC. No.4745 of 2026(2) dt.19-03-2026
                                                       3/3




                                  9. Considering the submissions made by the learned

                     counsel for the petitioners no. 2 and 3, let the petitioners no. 2

                     and 3, above-named, in the event of their arrest or surrender

                     within a period of six weeks from today, be released on

                     anticipatory bail on furnishing bail bonds of Rs.10,000/-

                     (Rupees One Thousand) each with two sureties of the like

                     amount each to the satisfaction of the learned Trial Court where

                     the case is pending/Successor Court in connection with

                     Pakribarawan P.S. Case No. 422 of 2025,                   subject to the

                     conditions as laid down under Section 438(2) of the

                     Cr.P.C./482(2) of the B.N.S.S.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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