Patna High Court

Harendra SharmaversusThe State of Bihar

Decided: 16 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted bail to the petitioner, finding the accusations to be general and the petitioner’s antecedents and circumstances sufficient for release.

Summary

Harendra Sharma was arrested in connection with the murder of an informant's son, alleged to have participated with other accused in abducting and firing upon the victim. The petition contended that the prosecution case was vague, citing a post‑mortem that showed only a single firearm injury, and argued that no specific overt act was attributed to him. The petitioner also highlighted his clean criminal record, the grant of bail to a co‑accused in a similar case, and the prolonged custody since November 2025. The State opposed bail, maintaining the seriousness of the offences under the B.N.S. and Arms Act. Considering the general and omnibus nature of the accusations, parity with the co‑accused, and the petitioner's antecedents, the Court allowed bail, ordering release upon furnishing a bail bond with sureties.

Issues considered

Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the B.N.S. and Arms Act
Whether the general and omnibus nature of the accusation and lack of specific overt act against the petitioner justify bail

Legislation cited

Arms Act — s. 27
B.N.S. — s. 103(1), 3(5), 61

Subjects

bail
criminal procedure
arms act
general and omnibus accusation
parity
clean antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6245 of 2026
                       Arising Out of PS. Case No.-136 Year-2025 Thana- MAIRWAN District- Siwan
                 ======================================================
                 Harendra Sharma Son of Rajdev Sharma R/o Thepaha Raja Ram, P.S.-Jiradei,
                 District - Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Satyendra Rai, Advocate
                 For the State           :        Ms. Renuka Ratnakar, APP
                 For the Informant       :        Mr. Dhananjay Kumar Shahni, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-02-2026                  Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel appearing on behalf of

                   the informant.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 103(1), 61 and 3(5) of the

                   B.N.S. and Section 27 of the Arms Act.

                                3. As per prosecution case, all 10 F.I.R. named

                   accused persons, including this petitioner, along with 2 to 3

                   unknown persons, took away son of informant from his house

                   and indiscriminately fired on him as a result of which, son of

                   informant died.

                                4. It is submitted by learned counsel for the petitioner

                   that petitioner is quite innocent and has committed no offence.
Patna High Court CR. MISC. No.6245 of 2026(2) dt.16-02-2026
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          As per F.I.R., all 10 named accused persons, along with 2 to 3

          unknown persons, indiscriminately fired upon son of informant,

          however, as per post mortem report, only one fire arm injury

          was found on the body of the deceased, which itself falsifies the

          entire prosecution case. Allegation of firing is general and

          omnibus and no specific accusation of overt act has been alleged

          against this petitioner. It is further submitted that co-accused

          Vishal Sharma, having similar and identical allegations, has

          already been granted bail by this Hon’ble Court vide order dated

          08.12.2025 passed in Cr. Misc. No. 79042 of 2025. Moreover,

          charge-sheet has already been submitted and petitioner, having

          no criminal antecedents, is in custody since 15.11.2025.

                       5. Learned A.P.P. for the State and learned counsel

          appearing on behalf of the informant have vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, materials that

          have surfaced during investigation, claim based on parity, clean

          antecedents of the petitioner and period of custody, the prayer

          for grant bail of to the petitioner is allowed.

                       7. Accordingly, let the above named petitioner be
             Patna High Court CR. MISC. No.6245 of 2026(2) dt.16-02-2026
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                       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 A.C.J.M.-V, Siwan in connection with

                       Mairwa P.S. Case No. 136 of 2025.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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