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Patna High Court

Lovely Sharma @ Lawly SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, in the absence of the accused’s name in the FIR and given that co‑accused have been granted bail, the petitioner is entitled to bail with conditions.

Summary

Petitioner Lovely Sharma was arrested in July 2022 for an alleged robbery under Section 392 of the IPC, based solely on the confessional statements of co‑accused persons, as his name does not appear in the FIR. He has been in custody for over three and a half years while co‑accused have already been released on bail. The State opposed bail, citing the seriousness of the offence and the petitioner’s other pending cases. The court noted that the petitioner’s involvement was not recorded in the FIR and that similar co‑accused were granted bail, and therefore found no compelling reason to continue his detention. Consequently, the court ordered his release on bail with a bond of Rs.10,000 and several conditions, including cooperation with the trial and no tampering with evidence.

Issues considered

  • Whether bail should be granted when the accused is not named in the FIR and the case against him is based solely on co‑accused confessional statements
  • Whether the length of pre‑trial detention and the existence of other pending cases justify denial of bail

Legislation cited

Subjects

  • bail
  • robbery
  • IPC 392
  • co‑accused statements
  • pre‑trial detention
  • criminal antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.54932 of 2025
                    Arising Out of PS. Case No.-190 Year-2022 Thana- SHAHKUND District- Bhagalpur
                 ======================================================
                 Lovely Sharma @ Lawly Sharma S/o Binod Sharma @ Binod Mistry R/o
                 Village - Tilakpur, P.S - Sultanganj, District - Bhagalpur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajive Ranjan Singh, Advocate

                 For the Opposite Party/s :      Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   16-03-2026                   Heard Mr. Rajive Ranjan Singh, learned counsel for

                   the petitioner and Mr. Binod Kumar, learned A.P.P. for the State.

                                 2. The petitioner seeks bail, who is in custody since

                   25.07.2022 in connection with Shahkund P.S. Case No. 190 of

                   2022, F.I.R. dated 08.07.2022 registered for the offence

                   punishable under Section 392 of the Indian Penal Code.

                                 3. According to prosecution case, the informant

                   alleged that when he arrived at Bhagalpur bear Milky

                   School,then near Chandan Bridge, five persons including the

                   petitioner on two motorcycle stopped him on point of pistol and

                   they snatched his motorcycle, money and mobile phone and ran

                   away.

                                 4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.54932 of 2025(3) dt.16-03-2026
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          submits that the petitioner is innocent and he has falsely been

          implicated in the present case. He further submits that the

          petitioner is not named in the FIR and the name of the petitioner

          has been transpired during investigation on the basis of

          confessional statement of co-accused person, namely, Rishi

          Sharma @ Rishi Raj Sharma. Thereafter, the petitioner has

          confessed his guilt in the present occurrence and till date no TIP

          has been conducted by the prosecution and the co-accused

          person, namely, Rishi Sharma @ Rishi Raj Sharma, who has

          disclosed the name of the petitioner, has been granted bail by

          this Court vide order dated 18.07.2025 passed in Cr. Misc. No.

          33284 of 2025, another co-accused person, namely, Pintu

          Mandal @ Pintu Kumar @Pintu Sharma has been granted bail

          by this Court vide order dated 22.05.2023 passed in Cr. Misc.

          No. 2469 of 2023 and the Police, after investigation, submitted

          charge-sheet against the petitioner and the petitioner is in

          custody since 25.07.2022 more than three and half years.

                       5. Learned A.P.P. for the State on the other hand has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the petitioner carries eight more cases other than

          the present one but fairly submits on the basis of paragraph-3 of

          the bail petition that the petitioner is on bail in the pending
Patna High Court CR. MISC. No.54932 of 2025(3) dt.16-03-2026
                                            3/4




          matters.

                       6. Considering the aforesaid facts and circumstances

          of the case and also the fact that petitioner is not named in the

          FIR, his name has been transpired during investigation on the

          basis of confessional statement of co-accused persons and

          similarly situated co-accused persons have been granted bail by

          this Court and period of custody of the petitioner, let the

          petitioner, above named, 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 learned Additional

          District & Sessions Judge-X, Bhagalpur, in connection with

          Shahkund P.S. Case No. 190 of 2022, with the following

          conditions:-

                       (i) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.

                       (ii) If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       (iii) And, further condition that the court below shall
            Patna High Court CR. MISC. No.54932 of 2025(3) dt.16-03-2026
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                      verify the criminal antecedent of the petitioner and in case at

                      any stage, it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Ranjeet/-

U      T


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