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Patna High Court

Nagendra SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail may be granted in the present case subject to conditions under Section 482(2) of the B.N.S.S 2023.

Summary

Nagendra Sharma was arrested in connection with a 2015 case alleging that he supplied illegal arms to co‑accused Ranjeet Kumar, invoking IPC sections 467, 468, 471, 420 and 120‑B as well as Arms Act sections 25(1‑b)a and 26. The petitioner pleaded innocence, claiming he is a farmer with no criminal antecedents and that the allegation rests only on suspicion. He also noted that he had not previously applied for anticipatory or regular bail. The State opposed the bail on the ground of the seriousness of the offences. The High Court, after considering the lack of prior criminal record and the speculative nature of the accusation, exercised its power under Section 482(2) of the B.N.S.S 2023 to grant bail, subject to a bond of Rs 10,000 and two sureties, with conditions for cancellation if antecedents or false statements are discovered. The bail order was directed to be implemented by the lower court within eight weeks of receipt of the order.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious charges under the IPC and Arms Act, given the alleged lack of criminal antecedents and the suspicion‑based nature of the accusation

Legislation cited

Subjects

  • bail
  • illegal arms
  • IPC
  • Arms Act
  • suspicion
  • criminal antecedent
  • high court
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.575 of 2026
                     Arising Out of PS. Case No.-267 Year-2015 Thana- GAYA KOTWALI District- Gaya
                 ======================================================
                 Nagendra Sharma, Son of Ramchandra Singh, Resident of Village- Sonbarsha
                 P.S- Pauthu, Dist- Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Ravindra Kumar, Advocate.
                 For the State           :        Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

2   28-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail, apprehending his arrest,

                   in connection with Kotwali P.S. Case No. 267 of 2015 dated

                   25.06.2015 registered for the offences punishable under

                   Sections 467, 468, 471, 420, 120-B of the Indian Penal Code

                   and Sections 25(1-b)a and 26 of the Arms Act.

                                 3. As per allegation, the petitioner has supplied illegal

                   arms to co-accused Ranjeet Kumar who works as security guard

                   in Geetanjali Jewellers.

                                 4. Learned counsel for the petitioner submits that the

                   Petitioner is innocent and has falsely been implicated in this

                   case. He further submits that only allegation against the

                   petitioner is that he has supplied the illegal arms to co-accused
Patna High Court CR. MISC. No.575 of 2026(2) dt.28-01-2026
                                            2/3




          Ranjeet Kumar. However, such allegation is based only on

          suspicion and he has nothing to do with the alleged offence. The

          petitioner is farmer and he is busy in farming work.

                       5. It is also stated in paragraph no. 2 of the bail

          petition that the petitioner has not moved this Court earlier

          either for anticipatory bail or regular one in the instant case.

                       6. It has further been stated in paragraph no.3 of the

          bail petition that the petitioner has no criminal antecedents.

                       7. However, learned APP for the State vehemently

          opposes the prayer of the Petitioner for bail.

                       8. Considering the aforesaid facts and circumstances,

          this petition is allowed, directing the petitioner, above-named,

          to be enlarged on bail, in the event of his arrest or surrender

          before the court below within a period of eight weeks from the

          date of receipt / production of a copy of this order, on his

          furnishing bail bonds in the sum of Rs. 10,000 /- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned concerned court below in connection with

          Kotwali P.S. Case No. 267 of 2015 subject to the conditions as

          laid down under Section 482 (2) of the B.N.S.S 2023, and on

          the following conditions:

                       (i) In case, it is brought to the notice of the court
              Patna High Court CR. MISC. No.575 of 2026(2) dt.28-01-2026
                                                          3/3




                        below that the petitioner has any criminal antecedent, learned

                        court below shall cancel the bail bonds of the petitioner after

                        hearing him and getting satisfied that the petitioner has

                        concealed his criminal antecedents despite his knowledge of the

                        same.

                                     (ii) In case, it is brought to the notice of the court

                        below that statement regarding previous bail petition is wrong,

                        learned court below shall cancel the bail bonds of the petitioner.



                                                                     (Jitendra Kumar, J)
S.Ali/-

U         T


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