Patna High Court
Kaushal SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners subject to the stipulated conditions.
Summary
Petitioners Kaushal Sharma and Ram Krishna Sharma sought anticipatory bail fearing arrest in a case registered under Sections 115(2), 126(2), 109, 118(2), 352 and 351(2) of the B.N.S. The prosecution alleged that Kaushal fired a pistol and Ram assaulted a person with a sword. The petitioners contended they were innocent, had clean antecedents, and that no firearm injuries were proven. The State and the informant opposed the bail. Considering the nature of the alleged injuries, the lack of serious harm, and the petitioners' clean records, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S. in view of the allegations under Sections 115(2), 126(2), 109, 118(2), 352 and 351(2) of the B.N.S.
Legislation cited
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- clean antecedents
- bail bond
- High Court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66803 of 2025
Arising Out of PS. Case No.-16 Year-2025 Thana- Banshi District- Arwal
======================================================
1. Kaushal Sharma S/o Late Rajendra Sharma R/o Village - Od Bigha, P.S -
Banshi, District - Arwal
2. Ram Krishna Sharma S/o Late Rajendra Sharma R/o Village - Od Bigha, P.S
- Banshi, District - Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Mayank Singh, Advocate
For the State : Mr. Anil Kumar, APP
For the Informant : Mr. Ashok Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 23-04-2026 Heard learned counsel appearing on behalf of the
petitioners, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 115(2),
126(2), 109, 118(2), 352 and 351(2) of the B.N.S..
3. As per prosecution case, it is alleged that Petitioner
No. 1, namely Kaushal Sharma, fired from his pistol which
missed and Petitioner No. 2, namely Ram Krishna Sharma,
assaulted Abhikshek Kumar with sword.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners have falsely been
implicated in this case with ulterior motive. Though, as per
Patna High Court CR. MISC. No.66803 of 2025(5) dt.23-04-2026
2/2
F.I.R., there is allegation of firing against Petitioner No. 1 but no
one has sustained any fire arm injuries and doctor has found the
injury, allegedly caused by Petitioner No. 2, simple in nature.
Petitioners claim clean antecedents.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the
case, nature of injuries allegedly caused by these petitioners and
clean antecedents of the petitioners, the prayer for grant of
anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned A.C.J.M.-I, Arwal in
connection with Bansi P.S. Case No. 16 of 2025, subject to
condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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