Patna High Court
Nagendra SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
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
- Arms Act — s. 25(1-b)a, 26
- B.N.S.S., 2023 — s. 482(2)
- Indian Penal Code — s. 120-B, 420, 467, 468, 471
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
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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
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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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