Patna High Court
Raju SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court granted anticipatory bail to the petitioner.
Summary
Petitioner Raju Sharma sought anticipatory bail after being implicated in FIR No. 166 of 2025 for alleged assault with intent to kill, under multiple sections of the BNS, 2023. He claimed innocence, alleging the dispute was civil in nature, that the FIR was lodged after a seven‑day delay, and that he has a clean antecedent. The State opposed the bail. The Court examined the FIR, injury report and the petitioner's submissions, noting that the injuries were simple and the allegations against the petitioner were not substantiated to a degree warranting arrest. Considering the circumstances, the Court was inclined to grant anticipatory bail. Accordingly, the petitioner was ordered to be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in view of the allegations under Sections 126(2), 115(2), 118(1), 109, 74, 351(2), 352 and 3(5) of the BNS, 2023.
Legislation cited
Subjects
- anticipatory bail
- criminal procedure
- Section 482
- BNS 2023
- false implication
- civil dispute
- injury report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6643 of 2026
Arising Out of PS. Case No.-166 Year-2025 Thana- ISUAPUR District- Saran
======================================================
Raju Sharma, Male, aged about 37 years, Son of Vidya Sharma @ Vidhua
Sharma, Resident of Village - Shumbha (Suma), P.S.- Isuapur, District –
Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Isuapur P.S. Case No. 166 of 2025 instituted for the
offences punishable under Sections 126(2), 115(2), 118(1), 109,
74, 351(2) 352 and 3(5) of the BNS, 2023.
3. As per allegation in the FIR, all the accused persons
including the present petitioner assaulted the informant and his
family members by means of lathi, danda and iron rod with an
intention to kill them.
4. Learned counsel for the petitioner submits that
petitioner is innocent has committed no offence and has falsely
been implicated in this case. He submits that there is case and
counter case attributed between the parties. He further submits
Patna High Court CR. MISC. No.6643 of 2026(3) dt.19-03-2026
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that the dispute is purely in civil nature, which has been
deliberately given a criminal colour to harass the petitioner. He
next submits that petitioner’s side have also received serious
injuries. He lastly submits that there is delay of seven days for
lodging of the FIR. Petitioner has got clean antecedent as stated
in para 3 of the petition.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petitioner.
6. From perusal of the FIR, case diary, injury report
and the impugned order of the learned District and Additional
Sessions Judge-13th Saran at Chapra dated 04.12.2025, it
appears that on the basis of written report of the informant
Shanti Devi, FIR has been registered under Sections 126(2),
115(2), 118(1), 109, 74, 351(2) 352 and 3(5) of the BNS, 2023.
against three co-accused persons and the allegation against the
petitioner is that he assaulted the informant by means of lathi,
danda and iron rod with an intention to kill her. The allegation
against the petitioner namely Raju Sharma struck the informant
on her head with an iron rod with an intention to kill, as a result
of which her head was fractured. Seeing the informant being
assaulted, informant’s husband and her son Satyendra Sharma
came to rescue her, whereupon all the accused persons also
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assaulted them with lathi and danda. Informant’s son and
husband was also assaulted by all accused persons. From
perusal of the injury report, it also appears that the injures upon
Triguna Sharma is pain in right hand and right hand index
finger and the injuries upon Shanti Devi is on left parietal region
and the injuries are simple in nature, so considering all these
aspects of the case and submission of learned counsel for the
petitioner, I am inclined to grant anticipatory bail to the above
named petitioner.
7. Accordingly, let the petitioner above named in the
event of his arrest or surrender before the Court below within
six weeks from today, be released on anticipatory bail upon
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate /Concerned Court, Saran at Chapra in
connection with Isuapur P.S. Case No. 166 of 2025, subject to
the conditions laid down in Section 482(2) of the BNSS.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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