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Patna High Court

Nagendra Kumar @ Nagendra Sharma @ Gonu SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to bail bonds, sureties and conditions under the Cr.P.C.

Summary

Nagendra Kumar, a government teacher, was named in an FIR for offences under IPC sections 147, 148, 149, 302 and 120(B) and Section 27 of the Arms Act, relating to a shooting incident during a Holi dispute. He contended that the informant falsely implicated him and that the police investigation later exonerated him. The petitioner sought anticipatory bail, arguing he would not abscond and would cooperate with the trial. The State opposed the bail but could not refute the claim of the petitioner’s innocence. Justice Satyavrat Verma granted anticipatory bail on the condition of furnishing bail bonds and sureties, with a warning that the trial court may cancel bail if the petitioner attempts to delay the proceedings.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the FIR alleging serious offences
  • Whether the police’s exoneration of the petitioner warrants bail
  • Whether conditions under Sections 438(2) and 482(2) of the Cr.P.C. are applicable

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • IPC offences
  • Arms Act
  • police exoneration
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.737 of 2026
                     Arising Out of PS. Case No.-52 Year-2022 Thana- PARWALPUR District- Nalanda
                 ======================================================
                 Nagendra Kumar @ Nagendra Sharma @ Gonu Singh S/o- Panchanand Singh
                 @ Panchanand Sharma R/v- Alawan PS - Parwalpur Dist- Nalanda
                                                                         ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Sri Rama Kant Sharma, Sr. Advocate
                                                 Sri Lovekush Kumar, Advocate
                 For the Opposite Party/s :      Sri Chandra Bhushan Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-04-2026                   1. Heard Sri Rama Kant Sharma, learned Senior

                   Counsel for the petitioner, Sri Chandra Bhushan Prasad, learned

                   A.P.P. for the State and learned counsel appearing on behalf of

                   the informant.

                                 2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 147, 148,

                   149, 302 and 120(B) of the Indian Penal Code as well as Section

                   27 of the Arms Act.

                                 3. Learned Senior Counsel for the petitioner submits

                   that petitioner has antecedent of one case and the informant

                   alleges that on 19.03.2022, at 12:30 p.m., 18 named accused

                   persons including the petitioner came and started abusing for the

                   reason that day before the accused persons had assaulted them

                   on account of which named persons in the FIR were injured and
Patna High Court CR. MISC. No.737 of 2026(2) dt.27-04-2026
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          had threatend that they will not allow the informant’s side to

          celeberate holi. It is further alleged that accused persons started

          firing on account of which the wife of the informant, namely,

          Renu Devi received firearm injury on her chest and back leading

          to her death while Pushpa Devi received firearm injury on her

          waist and Rajendra was shot in the stomach. Further, Divesh,

          son of Late Karu Sharma shot Renu, another Divesh, son of

          Kaushlendra Kumar shot Pushpa and Nagendra (petitioner) shot

          Rajendra and the injured were taken to the hospital.

                       4. Learned Senior counsel for the petitioner submits

          that petitioner has been falsely implicated in the instant case by

          the informant. It is further submitted that no doubt, in the FIR,

          the informant alleges that petitioner shot Rajendra but then

          during the course of investigation, it transpired that petitioner

          was not involved in the occurrence. It is next submitted that

          petitioner is a government teacher and since he is an earning

          member of the family, hence, he came to be implicated only

          with a view to coerce the family into submission. It is fairly

          submitted that Rajendra, during the course of investigation, did

          take the name of the petitioner as one who fired but then the

          police, after threadbare investigation, came to a considered

          conclusion that petitioner is innocent and, thus, submitted final
Patna High Court CR. MISC. No.737 of 2026(2) dt.27-04-2026
                                            3/4




          form exonerating the petitioner of the allegation. It is also

          submitted that when one investigating agency, after threadbare

          investigation, came to a considered conclusion that petitioner is

          innocent, whether it would be prudent for the Court to send the

          petitioner to jail based on an order of cognizance which came to

          be taken based on the same police report which exonerated the

          petitioner of the allegation alleged in the FIR during the course

          of investigation. It is further submitted that petitioner is a

          government teacher and is well aware of the consequences

          which would entail in the event if he is involved in such an

          occurrence. It is next submitted that if the privilege of

          anticipatory bail is granted to the petitioner, the petitioner will

          not abscond rather will cooperate in the trial to prove his

          innocence. It is also submitted that petitioner will not delay the

          trial in any manner.

                       5. Learned A.P.P. for the State and learned counsel

          appearing on behalf of the informant opposed the prayer for

          anticipatory bail of the petitioner but then are not in a position to

          rebut the submissions of the learned Senior Counsel appearing

          on behalf of the petitioner that the police, after threadbare

          investigation, came to be a considered that petitioner was not

          involved in the occurrence and, thus, submitted final form.
           Patna High Court CR. MISC. No.737 of 2026(2) dt.27-04-2026
                                                       4/4




                                  6. After hearing the learned counsel for the parties, let

                     the petitioner, above-named, in the event of his arrest or

                     surrender within a period of six weeks from today, be released

                     on anticipatory bail on furnishing bail bonds of Rs.25,000/-

                     (Rupees Twenty-five Thousand) with two sureties of the like

                     amount each to the satisfaction of the learned Trial Court where

                     the case is pending/Successor Court in connection with

                     Parwalpur P.S. Case No. 52 of 2022, subject to the conditions as

                     laid down under Section 438(2) of the Cr.P.C./482(2) of the

                     B.N.S.S.

                                  7. However, it is made clear that if the learned Trial

                     Court comes to a conclusion that petitioner, after his release on

                     anticipatory bail, is trying to delay the framing of charge or after

                     framing of charge is trying to delay the trial of the case in any

                     manner, the learned Trial Court shall be at liberty to cancel the

                     bail bonds of the petitioner.


                                                                        (Satyavrat Verma, J)

Kundan/-

U     T


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