Patna High Court
Sudish Sharma @ Sudisht SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The Court held that anticipatory bail could not be granted as a prima facie case existed and the seriousness of the alleged assault warranted denial of relief.
Summary
The petitioners, four residents of Lohehha village, filed an anticipatory bail application fearing arrest in connection with a criminal case (PS Derni Case No. 165 of 2025) alleging offences under Sections 109, 115(2), 126(2), 352 and 3(5) of the B.N.S. The informant, Tarkeshwar Singh, claimed that on 30 June 2025 the petitioners assaulted him, causing a fracture to his right shoulder, leading to the FIR. The petitioners argued that the informant, an elderly man, had previously lodged cases against them and was fabricating the allegations. The informant’s counsel contended that the assaults were genuine and supported by a medical injury report indicating grievous injury. After considering the nature of the assault, the injury report, and the petitioners’ criminal antecedents, the Court found a prima facie case and rejected the anticipatory bail application.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in view of the alleged assault and the seriousness of the offences.
- Whether the allegations made by the informant constitute a prima facie case sufficient to deny bail.
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 3(5), 352
Subjects
- anticipatory bail
- assault
- injury report
- prima facie case
- B.N.S.
- Sections 109,115,126,352,3(5)
- High Court of Patna
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75291 of 2025
Arising Out of PS. Case No.-165 Year-2025 Thana- DERNI BAZAR District- Saran
======================================================
1. Sudish Sharma @ Sudisht Sharma S/O Late Bhulan Sharma R/O Village-
Lohehha, P.S- Derni, Distt.- Saran.
2. Keshav Sharma S/O Prahlad Sharma R/O Village- Lohehha, P.S- Derni,
Distt.- Saran.
3. Rohit Kumar @ Rohit Sharma S/O Vinod Sharma @ Bachu Sharma R/O
Village- Lohehha, P.S- Derni, Distt.- Saran.
4. Karn Kumar @ Karan Sharma S/O Keshav Sharma R/O Village- Lohehha,
P.S- Derni, Distt.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Murari Narain Chaudhary, Advocate
For the State : Mr. Uday Pratap Singh, APP
For the Informant : Mr. Ravi Rohit, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 24-02-2026 Heard Mr. Murari Narain Chaudhary, learned
counsel for the petitioner and learned APP representing the State
as also Mr. Ravi Rohit, learned counsel representing the
informant.
2. The petitioners are apprehending their arrest in
connection with Derni P.S. Case No. 165 of 2025 registered for
the offence punishable under Sections 109, 115(2), 126(2), 352
and 3(5) of the B.N.S., lodged on 05.07.2025 by the informant
Tarkeshwar Singh.
3. As per the prosecution story, the informant alleged
Patna High Court CR. MISC. No.75291 of 2025(3) dt.24-02-2026
2/2
that on 30.06.2025, the accused came and brutally assaulted
causing fracture on his right shoulder, as the neighbours arrived,
they escaped. This led to the F.I.R..
4. Learned counsel for the petitioners submit that the
same person has lodged the cases against them as it would
reflect from the paragraph no.3, the informant is an old man, fell
down but implicated the petitioners herein.
5. Learned counsel for the informant is appearing and
he submits that cases have been lodged not on any flimsy
ground, rather repeatedly he gets assaulted by the accused
persons. In the present case also, he was assaulted causing
fracture and the injury report would support that it has been
found to be grievous in nature.
6. Considering the submissions of the parties, nature
of assault, injury report as also the criminal antecedents, no
relief can be granted to the petitioners.
7. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
vinayak/-
U T
Checking your session…