Patna High Court
Ravindra SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioners, directing them to furnish a bail bond of Rs.10,000 with two sureties each.
Summary
The petitioners, Ravindra Sharma and Jay Prakash Sharma, were arrested in connection with an assault case (Telhara PS Case No. 184 of 2024) under sections 115(2), 126(2) and 3(5) of the BNS, alleged to have attacked an informant and a rescuer with lathi and danda, causing grievous injuries to the informant. The petitioners claimed innocence, argued that the FIR was vague, and highlighted that they themselves had also sustained injuries in a related counter‑case. They had been in judicial custody since 23 September 2025 and sought regular bail. The State, represented by an APP, opposed bail on the ground of the grievous injury to the informant. After hearing both sides, the Patna High Court considered the nature of the injuries, the lack of clear identification of the assailant in the FIR, and the petitioners' prolonged custody, and decided to grant regular bail on the condition of a bail bond of Rs.10,000 with two sureties each.
Issues considered
- Whether regular bail should be granted to the accused in an assault case where the informant alleges grievous injury.
- Whether the FIR sufficiently identifies the accused as the perpetrators of the assault.
Legislation cited
- BNS — s. 115(2), 126(2), 3(5)
Subjects
- regular bail
- assault
- grievous injury
- Bihar Criminal Procedure
- BNS
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4955 of 2026
Arising Out of PS. Case No.-184 Year-2024 Thana- TELHARA District- Nalanda
======================================================
1. Ravindra Sharma S/o Late Raj Bali Sharma @ Late Raj Bali Singh R/o vill -
Tarupur, P.S.- Telhara, Distt.- Nalanda
2. Jay Prakash Sharma S/o Late Raj Bali Sharma @ Late Raj Bali Singh R/o
vill - Tarupur, P.S.- Telhara, Distt.- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 115(2),
126(2) and 3(5) of BNS.
3. The case of the prosecution is that the petitioners
have assaulted the informant and when Sunil Sharma came to
rescue, he was also being assaulted by the petitioners by lathi
and danda.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Learned counsel for the petitioners has submitted that there is
Patna High Court CR. MISC. No.4955 of 2026(3) dt.01-04-2026
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also a counter version of this case which was filed prior to this
case. It has further been submitted that from perusal of the
injury report, it will transpire that injuries of Sunil Sharma are
simple in nature whereas the injuries of the informant are
grievous. Informant has received two injuries :- first is abrasion
of size 2 inch over left forearm and second is a diffuse swelling
of size 3 cm x 4 cm over left parietal area of scalp near occipital
and bleeding from right side of nose. The nature of second
injury is grievous. Learned counsel has submitted that the nature
of allegation is general and omnibus. It is not clear from the FIR
as to who has assaulted Brij Kishore on his head. It is simply
written in the FIR that both the petitioners have assaulted on his
head with lathi and danda. It has further been submitted that in
counter case, petitioners’ parties have also received injuries.
Moreover, the petitioners are languishing in judicial custody
since 23.09.2025.
5. Learned APP appearing for the State and learned
counsel for the informant have opposed the prayer of regular
bail. Learned counsel for the informant has stated that the
informant has received grievous injury.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
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inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Telhara P.S. Case No. 184 of 2024 on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned A.C.J.M. I, Hilsa,
Nalanda.
(Ashok Kumar Pandey, J)
shubham/-
U T
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