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Patna High Court

Chhathu SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted anticipatory bail to the petitioners, holding that the absence of specific allegations against them and their clean record warrant bail under Section 438 CrPC.

Summary

The petitioners, Chhathu Sharma and Shashi Bhushan Sharma, sought anticipatory bail fearing arrest in a case (PS Case No. 168 of 2021) involving multiple IPC offences including assault, robbery and criminal intimidation. The FIR alleged that a group, allegedly led by Jata Sharma, attacked the informant Kalawati Devi, injuring her and snatching her mangalsutra, with the petitioners named only in an omnibus manner. The petitioners argued that specific charges were against others, they had no criminal antecedent, and thus should be granted bail. The State contended that the petitioners were present and shared common intention in the alleged offences. Considering the lack of specific allegations against them and their clean record, the court exercised its power under Section 438 CrPC to grant anticipatory bail with stringent conditions, ordering them to surrender within four weeks and comply with bail bond requirements.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners despite being named in an omnibus allegation in the FIR
  • Whether the petitioners' lack of criminal antecedent and the specificity of charges against others justify bail under Section 438 of the CrPC

Legislation cited

Subjects

  • anticipatory bail
  • omnibus allegation
  • common intention
  • Indian Penal Code
  • Criminal Procedure Code
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66514 of 2025
                      Arising Out of PS. Case No.-168 Year-2021 Thana- GOVINDGANJ District- East
                                                       Champaran
                 ======================================================
           1.     Chhathu Sharma son of Late Mukti Sharma Resident of Village- Sharma
                  Tola PS- Areraj OP (Govindganj) District -East Champaran
           2.    Shashi Bhushan Sharma son of late Mukti Sharma Resident of Village-
                 Sharma Tola PS- Areraj OP (Govindganj) District -East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Karandeep Kumar, Advocate
                 For the Opposite Party/s :       Mr.Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   21-01-2026                   Heard Mr. Krandeep Kumar, learned counsel for the

                   petitioners and Mr. Nagendra Prasad,learned APP for the State.

                                2. The petitioners are apprehending arrest in

                   connection with Govindganj (Areraj O.P.) P.S. Case No. 168 of

                   2021 instituted under Sections 341, 323, 324, 307, 379, 447,

                   504 and 506/34 of the Indian Penal Code lodged on 04.06.2021

                   by the informant, Kalawati Devi.

                                3. As per the prosecution story, the accused who are

                   agnates, came, armed variously and allegation is that on the

                   order of Jata Sharma @ Chandra Bhushan sharma, the attack

                   took place. Jata Sharma led the attack by assaulting the

                   informant by the axe injuring her nose. Later, Abhishek Sharma
Patna High Court CR. MISC. No.66514 of 2025(4) dt.21-01-2026
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          gave ‘lathi’ blow to the informant. As Ritesh Kumar, her son

          came to rescue, all the accused persons assaulted him as also the

          son-in-law, Ajit Kumar Sharma and daughter Ripu Kumari, the

          allegation of snatching of ‘Mangalsutra’ is also there. This led to

          the FIR.

                       4. Learned counsel for the petitioners submit that a

          perusal of the FIR would show that omnibus allegation is

          against others, specific allegation is against Jata Sharma @

          Chandra Bhushan sharma and Abhishek Sharma of assault and

          snatching of the ‘Mangalsutra’. None of the petitioners have

          criminal antecedent.

                       5. Learned APP opposes the prayer submitting that

          with the common intention, they were present there and the

          allegation of assault is also there.

                       6. Considering the submissions of the parties as also

          the    materials on record, specific allegation is against Jata

          Sharma @ Chandra Bhushan sharma and Abhishek Sharma,

          these two petitioners though present in the FIR, omnibus

          allegation is there, have no criminal antecedent, in that

          background, this Court is inclined to extend them the privilege

          of anticipatory bail.

                       7. Let the petitioners be released on bail, in the event
Patna High Court CR. MISC. No.66514 of 2025(4) dt.21-01-2026
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          of their arrest or surrender before the subordinate court within a

          period of four weeks from the receipt of this order, on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties

          of the like amount each in connection with Govindganj (Areraj

          O.P.) P.S. Case No. 168 of 2021 to the satisfaction of learned

          Chief Judicial Magistrate-First Class, East Champaran at

          Motihari subject to the conditions as laid down under Section

          438(2) of the Cr.P.C. as also the other conditions.

                       (i) one of the bailor should be the family

          member/relative of the petitioners who shall provide official

          document (Aadhar Card/Driving License/Voter ID/Pan Card

          etc.) to show his/her bona fide;

                       (ii) the petitioners shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of their

          bail bond by the Trial Court itself;

                       (iii) the petitioners shall appear before the concerned

          police station every fortnight for next six months to mark their

          attendance and at the end of the period a certificate be submitted

          before the Trial Court failing which the State shall be at liberty

          to take steps for cancellation of bail bonds;

                       (iv) the petitioners shall in no way try to induce or
             Patna High Court CR. MISC. No.66514 of 2025(4) dt.21-01-2026
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                       promise or threat the witnesses or tamper with the evidences,

                       failing which the State shall be at liberty to take steps for

                       cancellation of the bail bonds;

                                    (v) the petitioners shall desist from committing any

                       criminal offence again, failing which the State shall be at liberty

                       to take steps for cancellation of their bail bonds.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


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