Patna High Court
Pawan Kumar @ Pawan Kumar Sharma @ Pawan Kumar Shrma @ Pawan SharmaversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Pawan Kumar Sharma, was charged under Sections 191(2), 126(2), 115(2), 109(1), 303(2) and 352 of the Bharatiya Nyaya Sanhita, 2023 for allegedly assaulting an informant with an iron rod and injuring his family members. The petitioner claimed innocence, stating the allegations were general, that a land dispute existed between the parties, and that he had no prior criminal record, having been in custody since 27‑06‑2025. The State opposed bail, emphasizing the seriousness of the offences. The court considered the nature of the allegations, the admitted land dispute, the petitioner’s custody period, and his clean antecedent record, and decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties, subject to conditions of family surety, regular appearance, and possible cancellation on default.
Issues considered
- Whether the petitioner is entitled to bail despite being charged with offences under Sections 191(2), 126(2), 115(2), 109(1), 303(2) and 352 of the Bharatiya Nyaya Sanhita, 2023.
- Whether the period of custody, lack of criminal antecedents, and the existence of a land dispute justify the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 191(2), 303(2), 352
Subjects
- bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- land dispute
- section 191
- section 352
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72898 of 2025
Arising Out of PS. Case No.-175 Year-2025 Thana- BASANTPUR District- Siwan
======================================================
Pawan Kumar @ Pawan Kumar Sharma @ Pawan Kumar Shrma @ Pawan
Sharma S/O Rajkishor Sharma @ Raj Kishor Shrma R/O Vill.- Sendurkha,
P.S.-Basantpur, District- Siwan
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satyendra Rai, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with
Basnantpur P.S. Case No. 175 of 2025, instituted for the
offences punishable under Sections 191(2), 126(2), 115(2),
109(1), 303(2) and 352 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the petitioner
along with other co-accused person abused and assaulted the
informant on his head with an iron-rod with an intention to kill
him. It is further alleged that family members of the informant
were also assaulted by the accused persons due to which they
have sustained injuries.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.72898 of 2025(3) dt.13-01-2026
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petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submits that the allegation levelled against the petitioner is
general and omnibus in nature. It is further submitted that there
is admitted land dispute as also case and counter case between
the parties. Injury no. 1 of the informant is grievous in nature
and injury of other family members are simple in nature. The
petitioner is in custody since 27.06.2025 and has got no criminal
antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, case and counter case and taking into account the
period of custody undergone by the petitioner, this Court is
inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Basnantpur P.S. Case
No. 175 of 2025, subject to the following conditions:
Patna High Court CR. MISC. No.72898 of 2025(3) dt.13-01-2026
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(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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