Patna High Court
Anil sharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the anticipatory bail application, exercising its inherent powers under Section 482(2) of the CrPC.
Summary
The petitioners, three brothers, sought anticipatory bail in connection with a Gopalganj police case alleging offences under Sections 126(2), 115(2), 118, 109, 303(2) and 3(5) of the IPC. The prosecution alleged that they assaulted the victim causing simple injury. The petitioners contended they were innocent, had clean antecedents and faced only general and omnibus allegations. The State opposed the bail. The Court, noting the general nature of the allegations and the simple injury, exercised its inherent powers under Section 482(2) of the Criminal Procedure Code and granted anticipatory bail with conditions, directing the petitioners to furnish bail bonds of Rs.10,000 each with two sureties.
Issues considered
- Whether anticipatory bail can be granted in a case involving multiple IPC offences with only simple injury to the victim
- Whether the Court may invoke its inherent powers under Section 482(2) of the CrPC to release the petitioners on bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 109, 115, 118, 126, 3, 303
Subjects
- anticipatory bail
- Section 482 CrPC
- IPC offences
- simple injury
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57906 of 2025
Arising Out of PS. Case No.-378 Year-2025 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
1. Anil Sharma S/O Late Baccha Sharma R/O Village - Station Road, Ward No.
22, P.S - Gopalganj, District - Gopalganj
2. Om Prakash Sharma @ Prakash Sharma S/O Late Baccha Sharma R/O
Village - Station Road, Ward No. 22, P.S - Gopalganj, District - Gopalganj
3. Ramesh Sharma S/O Late Baccha Sharma R/O Village - Station Road, Ward
No. 22, P.S - Gopalganj, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari
For the Opposite Party/s : Mr. Arun Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 23-02-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Gopalganj P.S. Case No. 378 of 2025 registered for offences
under Sections 126(2), 115(2), 118, 109, 303(2) and 3(5).
3. As per the prosecution case, the petitioners are said
to have assaulted the victim causing simple injury.
4. Learned counsel for the petitioners submits that the
petitioners are quite innocent and have not committed any
offence. He further submits that the petitioners have clean
antecedent and there is general and omnibus allegation against
Patna High Court CR. MISC. No.57906 of 2025(5) dt.23-02-2026
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the petitioners.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the general and omnibus allegations
leveled against the petitioner and the fact that the injury caused
to the injured is simple in nature, along with the facts and
circumstances of the case, this application for anticipatory bail
is allowed.
7. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Gopalganj/concerned court below in
connection with Gopalganj P.S. Case No. 378 of 2025 subject to
the conditions as laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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