Patna High Court
Lovely Sharma @ Lawly SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Indian Penal Code — s. 392
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
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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
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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
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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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