Patna High Court
Rajiv Kumar @ Rajiv SharmaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied anticipatory bail to petitioners accused of murder but granted it to the petitioner with only general allegations, subject to bail bond and statutory conditions.
Summary
The Patna High Court heard anticipatory bail applications filed by three petitioners—Devendra Sharma, Naresh Mahto and Rajiv Kumar—who were alleged to have fired indiscriminately at Krishna Kumar under Sections 126(2), 109, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita. The petitioners argued that they had not caused any death and possessed clean or minimal antecedents. The State opposed the bail, contending that the accused had murdered the victim. The Court held that the allegations against Devendra Sharma and Rajiv Kumar did not merit anticipatory bail and ordered them to surrender within four weeks and seek regular bail. Conversely, the Court granted anticipatory bail to Naresh Mahto subject to a bail bond of Rs.10,000 with two sureties and the conditions of Section 438(2) CrPC and Section 482 BNSS. The order was communicated to the Superintendent of Police, Khagaria for compliance.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Sections 126(2), 109, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita
- Whether the nature of the allegations (shooting and alleged murder) makes the case unfit for anticipatory bail
- Whether the petitioners' criminal antecedents affect the grant of anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 126(2), 3(5), 482, 61(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- murder
- shooting
- high court order
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40897 of 2025
Arising Out of PS. Case No.-11 Year-2025 Thana- KHAGARIA District- Khagaria
======================================================
1. Devendra Sharma @ Debu Sharma Son of Ramjatan Sharma @ Ramjatan
Mahto Village -Shuja Tola Police Station- Mufasil District- Begusarai
2. Naresh Mahto @ Naresh Mo @ Naresh Sharma son of Late Ramsagar
Mahto @ Late Sagar Sharma village- Maida Babhangawan, Ps- Birpur, Dist-
Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 47620 of 2025
Arising Out of PS. Case No.-11 Year-2025 Thana- KHAGARIA District- Khagaria
======================================================
Rajiv Kumar @ Rajiv Sharma S/O Vidya Sagar Sharma R/O Village- Maida
Babhangawan, Police Station- Birpur, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 40897 of 2025)
For the Petitioner/s : Ms.Anjana, Advocate
For the Opposite Party/s : Mr.Manoj Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 47620 of 2025)
For the Petitioner/s : Ms.Anjana, Advocate
For the Opposite Party/s : Mr.Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 17-02-2026 Ref:- Cr. Misc. No. 40897/2025
Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection
with Khagaria P.S. Case No. 11 of 2025 instituted under
Patna High Court CR. MISC. No.40897 of 2025(6) dt.17-02-2026
2/4
Sections 126(2), 109, 61(2) and 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per the prosecution case, three accused persons
including petitioner no. 1 are alleged to have shot at Krishna
Kumar @ Kaso Kumar indiscriminately.
4. Learned counsel for the petitioners submits that
the petitioners have not killed anyone. Petitioners have clean
antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioners on the ground that the
they murdered the victim by firing at him.
6. Considering the allegations levelled against
petitioner no. 1, this is not a fit case for grant of anticipatory
bail.
7. Accordingly, the application stands dismissed with
respect to petitioner no. 1 only.
8. The petitioner no. 1 is directed to surrender within
four weeks from today and pray for regular bail, failing which
the Superintendent of Police, Khagaria will take all steps for
arrest of the petitioner.
9. So far as petitioner no. 2 is concerned, there is
general and omnibus allegations levelled against him.
Patna High Court CR. MISC. No.40897 of 2025(6) dt.17-02-2026
3/4
10. Let the petitioner no. 2, above named, in the event
of his arrest or surrender before the concerned Court below
within four weeks from today, 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 C.J.M.,
Khagaria/ concerned Court below in connection with Khagaria
P.S. Case No. 11 of 2025, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
Ref:- Cr. Misc. No. 47620 of 2025
11. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
12. The petitioner apprehends arrest in connection
with Khagaria P.S. Case No. 11 of 2025 instituted under
Sections 126(2), 109, 61(2) and 3(5) of the Bharatiya Nyaya
Sanhita.
13. As per the prosecution case, three accused
persons including petitioner are alleged to have shot at Krishna
Kumar @ Kaso Kumar indiscriminately.
14. Learned counsel for the petitioner submits that
the petitioner had not assaulted anyone. Petitioner has one
criminal antecedent.
Patna High Court CR. MISC. No.40897 of 2025(6) dt.17-02-2026
4/4
15. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioner on the ground that the he
murdered the victim by firing at him.
16. Considering the allegations levelled against
petitioner, this is not a fit case for grant of anticipatory bail.
17. Accordingly, the application stands dismissed.
18. The petitioner is directed to surrender within four
weeks from today and pray for regular bail, failing which the
Superintendent of Police, Khagaria will take all steps for arrest
of the petitioner.
19. Let a copy of this order be communicated to the
Superintendent of Police, Khagaria through FAX or e-mail for
its compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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