Patna High Court
PRABHAT KUMAR @ SONU GUPTAversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- KHATIM REZA
Holding
The court refused to grant bail to the petitioners, dismissing their applications.
Summary
The petitioners, Ramashish Sharma and Prabhat Kumar (Sonu) Gupta, were arrested in connection with a kidnapping of a teacher, Dilip Kumar, during which police recovered firearms and cartridges. The prosecution alleges that the accused opened fire on the police, though no injuries were caused by their gunfire and no incriminating articles were found on them or at their residences. Both petitioners have seven prior criminal cases and have been in custody since 24 August 2025. They sought regular bail, contending innocence and lack of evidence linking them to the firearms. The court, after hearing counsel, declined to grant bail, finding the circumstances and seriousness of the offences warranted continued detention, and dismissed the bail applications.
Issues considered
- Whether the petitioners are entitled to regular bail under the provisions applicable to offences under the Bhartiya Nyaya Sanhita, 2023 and the Arms Act.
- Whether the absence of incriminating material on the petitioners' persons or premises affects the bail eligibility.
- Whether the petitioners' prior criminal record and the nature of the alleged offences justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 27, 35
- Bhartiya Nyaya Sanhita, 2023 — s. 109(2), 127(2), 132, 3(5)
Subjects
- bail
- kidnapping
- arms act
- criminal procedure
- Bhartiya Nyaya Sanhita
- police encounter
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3886 of 2026
Arising Out of PS. Case No.-676 Year-2025 Thana- SASARAM NAGAR District- Rohtas
======================================================
Ramashish Sharma, Son of Late Bhabhuti Sharma, R/o Village - Babu ke
Bahuara, P.S. - Kochas, Dist. - Rohtas at Sasaram.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 5445 of 2026
Arising Out of PS. Case No.-676 Year-2025 Thana- SASARAM NAGAR District- Rohtas
======================================================
Prabhat Kumar @ Sonu Gupta, S/o Kedar Sah, R/o vill - Beluri (Barej), P.S.-
Mohania, Distt.- Kaimur at Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 3886 of 2026)
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
(In CRIMINAL MISCELLANEOUS No. 5445 of 2026)
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 24-02-2026 Since both the bail applications arise out of same P.S.
case number, the same are being heard together and disposed of
by this common order for the convenience of the Court.
2. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
3. The petitioners seek bail in connection with
Patna High Court CR. MISC. No.3886 of 2026(3) dt.24-02-2026
2/4
Sasaram (N) P.S. Case No. 676 of 2025 dated 23.08.2025
instituted for the offence punishable under Sections 109(2), 132,
127(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section
25(1-B)a, 26, 27 & 35 of the Arms Act.
4. The prosecution case, in short, is that the informant
received a secret information that a teacher, namely, Dilip
Kumar was kidnapped and kept at the house of some Akhilesh
Kumar at place called Takia. After receiving of information,
Superintendent of Police, Rohtas along with other police
personnel reached at the place where Dilip Kumar was kept. The
kidnappers after seeing the police opened fired. In defence,
police party also opened fire leading to gunshot injury to two
culprits, namely, Prabhat Kumar @ Sonu (petitioner in
Criminal Miscellaneous No. 5445 of 2026) and one Suresh
Ram. The police team also arrested two other kidnappers,
namely, Ramashish Sharma (petitioner in Criminal
Miscellaneous No. 5445 of 2026) and one Indal Ram. All the
apprehended accused persons were sent to the Sadar Hospital,
Sasaram for medical aid. The said Dilip Kumar was recovered
from the house of Akhilesh Kumar. The F.S.L. team reached the
place of occurrence and country made pistols, fired cartridges
and other things were recovered.
Patna High Court CR. MISC. No.3886 of 2026(3) dt.24-02-2026
3/4
5. Learned counsel for the petitioners submits that the
petitioners are innocent and they been falsely implicated in this
case. Learned counsel for the petitioners further submits that
allegation against the apprehended persons is that they opened
fired at the police, but none injured by the gunshot of the
apprehended persons. No incriminating article has been
recovered either from the possession of the petitioners or from
their houses. Lastly, it has been submitted that the petitioner,
namely, Ramashish Sharma (Criminal Miscellaneous No. 3886
of 2026) is in custody since 24.08.2025 having seven criminal
cases against him. Petitioner, namely, Prabhat Kumar @ Sonu
Gupta ( Criminal Miscellaneous No. 5445 of 2026) is also in
custody since 24.08.2025 having seven criminal cases against
him. Charge-sheet has been submitted in the cases.
6. Learned A.P.P. has vehemently opposed the prayer
for bail of the petitioners.
7. Considering the facts and circumstances of the
case, I am not inclined to grant bail to the petitioners at this
stage.
8. Accordingly the prayer for regular bail on behalf of
the petitioner, namely, Ramashish Sharma (Criminal
Miscellaneous No. 3886 of 2026) and Prabhat Kumar @ Sonu
Patna High Court CR. MISC. No.3886 of 2026(3) dt.24-02-2026
4/4
Gupta ( Criminal Miscellaneous No. 5445 of 2026) stands
rejected.
9. The applications stands dismissed.
(Khatim Reza, J)
premchand/-
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