Patna High Court
Uma Shankar Sharma @ Mukesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that a person whose name does not appear in the FIR but is implicated only during investigation, and whose co‑accused have been granted bail, is entitled to bail, subject to standard conditions.
Summary
The High Court considered two bail applications filed by Uma Shankar Sharma and Chandan Kumar, both accused in a murder case under Sections 103(1), 61(2)(a), 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The petitioners argued that they were not named in the FIR and their names only surfaced during investigation based on confessional statements of other accused, and that they merely facilitated accommodation and food for the alleged shooters. The prosecution opposed bail, highlighting the petitioners' involvement in multiple other cases. The Court noted that similarly situated co‑accused had already been granted anticipatory or regular bail and that the petitioners were not directly implicated in the FIR. Consequently, the Court ordered bail on a personal bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence or witnesses.
Issues considered
- Whether bail should be granted to a person not named in the FIR but implicated during investigation.
- Whether the grant of bail to co‑accused influences the bail decision for the petitioner.
- Whether the petitioner's prior criminal cases affect the bail application.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5), 61(2)(a)
Subjects
- bail
- FIR
- investigation
- Arms Act
- Bihar Narcotic Substances Act
- criminal antecedent
- co‑accused
- anticipatory bail
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68547 of 2025
Arising Out of PS. Case No.-60 Year-2025 Thana- PIPRIYA District- Lakhisarai
======================================================
Uma Shankar Sharma @ Mukesh Singh Son of Arjun Sharma Resident of
Village - Walipur, P.S. - Pipariya, District - Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 87503 of 2025
Arising Out of PS. Case No.-60 Year-2025 Thana- PIPRIYA District- Lakhisarai
======================================================
Chandan Kumar @ Titu Dhamaka S/o Babban Singh R/o vill - Jaitpur, P.S.-
Barahiya, Distt. - Lakhisarai, Bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 68547 of 2025)
For the Petitioner/s : Mr.Abhay Shanker Singh, Advocate
For the Opposite Party/s : Mr.Gauri Shankar Gupta, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 87503 of 2025)
For the Petitioner/s : Mr.Devendra Prasad Singh, Advocate
For the Opposite Party/s : Mr. Anil Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 19-03-2026 Cr. Misc. No. 68547 of 2025
Heard Mr. Abhay Shanker Singh, learned counsel for the
petitioner and Mr. Gauri Shankar Gupta, learned Additional Public
Prosecutors for the State.
Patna High Court CR. MISC. No.68547 of 2025(4) dt.19-03-2026
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2. Petitioner seeks bail who is in custody since 07.08.2025
in connection with Pipariya P.S. Case No. 60 of 2025, F.I.R. dated
19.06.2025 for the offences punishable under Sections 103 (1), 61
(2)(a), 3 (5) of the B.N.S. 2023 and sections 27 of the Arms act.
3. According to prosecution case, informant alleged that,
on 17.06.2025, when husband of the informant was returning,
accused persons along with unknown came and killed him by bullet
shot.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR and the name of the petitioner has
been transpired during investigation on the basis of confessional
statement of the non-F.I.R named accused persons namely, Dhiraj
Kumar @ Baba which was recorded by the prosecution on
20.06.2025 and the said accused Dhiraj Kumar @ Baba stated that
the petitioner was involved in the present crime in question and the
petitioner made arrangement for stay and food of the alleged shooters
which was come for execution of the present crime in question and at
the behest of Shivan Bhardwaj Golu Babu, with whom the deceased
namely Mukhiya Chandan Kumar @ Domu, was having land
dispute. Learned counsel for the petitioner further submits that the
petitioner on instructions of the co-accused namely Golu babu
arranged the accommodation of four persons and there is no
allegation that the petitioner had participated in the present crime in
question. As a matter of fact, the petitioner was not present at the
Patna High Court CR. MISC. No.68547 of 2025(4) dt.19-03-2026
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place of occurrence. He further submits that for the same occurrence,
two information were given, in one informations which is the basis of
Pipriya P.S. Case No. 60 of 2025 was lodged by wife of the deceased
and six persons were named with the details address but there is no
whisper about any complicity/role of the petitioner in the present
occurrence. In the second information, given by the brother of the
another deceased namely Chandan, informant has specifically and
categorically alleged that 6-7 unknown persons have committed the
murder of his brother and FIR has been lodged after a delay of one
day. Learned counsel for the petitioner submits that the co-accused
namely Shivam Bhardwaj @ Golu Babu at his behest the petitioner
has arranged for stay and food of the alleged shooters has been
granted anticipatory bail vide order dated 16.09.2025 in Cr. Misc.
No. 53025 of 2025 by the co-ordinate Bench of this Court. Another
co-accused person namely Vikash Bharadwaj @ Vikas Bharadwaj
has been granted privilege of anticipatory bail vide order dated
12.02.2026 in Cr. Misc. No. 69568 of 2025 by a Co-ordinate Bench
of this Court. Another accused person namely Tuntun Yadav @
Saurabh Raj @ Pintu Kumar @ Santu Singh has been granted regular
bail vide order dated 16.02.2026 in Cr. Misc. No. 7029 of 2026 and
another co-accused person namely Rama kant Singh @ Ramakant
Prasad Singh has been granted bail vide order dated 10.09.2025 in
Cr. Misc. No. 59934 of 2025 and the case of the petitioner is on
same footing and the police after investigation submitted a charge
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sheet against the petitioner. The petitioner is in custody since
07.08.2025.
5. Learned Additional Public Prosecutor has vehemently
opposed the prayer for bail of the petitioner and submits that the
name of the petitioner has been transpired during investigation and
apart from that, petitioner has carried four more cases other than the
present one but fairly submits on the basis of para-3 of the bail
petition that out of four cases, petitioner is on bail in three cases, one
case is pending for consideration before the competent court of law.
6. Considering the aforesaid facts and circumstances, the
petitioner is not named in the F.I.R and the name of the petitioner has
been transpired during investigation as well as similarly situated co-
accused persons have been granted bail by co-ordinate Bench of the
court, let the petitioner, above named, be 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 the learned
C.J.M., Lakhisarai/concerned J.M. 1st Class, Lakhisarai in connection
with Pipariya P.S. Case No. 60 of 2025, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court and
shall remain physically present as directed by the court and on his
absence on two consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
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ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move for
cancellation of bail.
iii. And further condition that the court below shall verify
the criminal antecedent of the petitioner and in case at any stage it is
found that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose of or in the
name of verification.
Cr. Misc. No. 87503 of 2025
Heard Mr. Devendra Prasad Singh, learned counsel for the
petitioner and Mr. Anil Kumar, learned Additional Public Prosecutors
for the State.
2. Petitioner seeks bail who is in custody since 17.10.2025
in connection with Pipariya P.S. Case No. 60 of 2025, F.I.R. dated
19.06.2025 for the offences punishable under Sections 103 (1), 61
(2)(a), 3 (5) of the B.N.S. 2023 and sections 27 of the Arms act.
3. According to prosecution case, informant alleged that,
on 17.06.2025, when husband of the informant was returning,
accused persons along with unknown came and killed him by bullet
shot.
4. Learned counsel for the petitioner submits that petitioner
is not named in the F.I.R, the name of the petitioner transpired during
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the investigation on the basis that the petitioner was supplier of the
arms which was used in the present crime in question. It appears
from the seizure list that nothing incriminating article has been
recovered from the conscious possession or the house of the
petitioner. Learned counsel for the petitioner submits that the co-
accused namely Shivam Bhardwaj @ Golu Babu has been granted
anticipatory bail vide order dated 16.09.2025 in Cr. Misc. No. 53025
of 2025 by the co-ordinate Bench of this Court. Another co-accused
person namely Vikash Bharadwaj @ Vikas Bharadwaj has been
granted privilege of anticipatory bail vide order dated 12.02.2026 in
Cr. Misc. No. 69568 of 2025 by the co-ordinate Bench of this Court.
Another accused person namely Tuntun Yadav @ Saurabh Raj @
Pintu Kumar @ Santu Singh has been granted regular bail vide order
dated 16.02.2026 in Cr. Misc. No. 7029 of 2026 and another co-
accused person namely Rama kant Singh @ Ramakant Prasad Singh
has been granted bail vide order dated 10.09.2025 in Cr. Misc. No.
59934 of 2025 and the case of the petitioner is on same footing. The
police after investigation submitted a charge sheet against the
petitioner and the petitioner is in custody since 17.10.2025.
5. Learned Additional Public Prosecutor has vehemently
opposed the prayer for bail of the petitioner and submits that the
petitioner has carried 17 more cases other than the present one but
fairly submits on the basis of para-3 of the bail petition that out of
seventeen cases, petitioner has been acquitted by the learned trial
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court in four cases and in twelve cases he is on bail, one case is
pending for consideration before the competent court of law.
6. Considering the aforesaid facts and circumstances, the
petitioner is not named in the F.I.R and the name of the petitioner
transpired during investigation and similarly accused persons have
been granted bail by co-ordinate Bench of the court let the petitioner,
above named, be 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 the learned C.J.M., Lakhisarai/concerned J.M. 1 st
Class, Lakhisarai in connection with Pipariya P.S. Case No. 60 of
2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court and
shall remain physically present as directed by the court and on his
absence on two consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move for
cancellation of bail.
iii. And further condition that the court below shall verify
the criminal antecedent of the petitioner and in case at any stage it is
found that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in terms of the
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above-mentioned order shall not be delayed for purpose of or in the
name of verification.
(Rajesh Kumar Verma, J)
vashudha/-
U T
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