Patna High Court
Pappu SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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- Whether the anticipatory bail application of petitioner Pappu Sharma can be withdrawn after his arrest.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
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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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