Patna High Court
Bablu SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioners.
Summary
The petitioners, Bablu Sharma and Bittu Kumar, sought regular bail in a case registered under sections 352, 118(1), 109 and 3(5) of the BNSS for allegedly assaulting the husband of an informant with a knife and also assaulting the informant herself. The prosecution alleged that the assault was carried out with sharp-edged weapons, while the petitioners contended they were falsely implicated and that the medical report indicated injuries caused by a hard, blunt object, not a knife. The petitioners argued there was no pre‑meditation, the incident arose from a family dispute, and they had no prior criminal record, having been in custody since 3 May 2025. The State opposed the bail. Considering the lack of corroborative medical evidence, the absence of pre‑meditation, and the petitioners' clean record, the court inclined to grant regular bail on condition of a bail bond and sureties. The petitioners were ordered to be released on bail.
Issues considered
- Whether regular bail should be granted to the accused under sections 352, 118(1), 109 and 3(5) of the BNSS
- Whether the medical evidence negates the prosecution's claim of assault with a sharp-edged weapon
- Whether the alleged assault was pre‑meditated or arose from a spontaneous family dispute
Subjects
- regular bail
- bail bond
- sureties
- assault
- knife
- medical evidence
- premeditation
- family dispute
- BNSS
- sections 352
- section 118(1)
- section 109
- section 3(5)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78128 of 2025
Arising Out of PS. Case No.-52 Year-2025 Thana- THARTHARI District- Nalanda
======================================================
1. Bablu Sharma Son of Suresh Mistri Resident of village- Asta Kharjama, Ps-
Thakurbari, Dist- Nalanda
2. Bittu Kumar Son of Suresh Mistri Resident of village- Asta Kharjama, Ps-
Thakurbari, Dist- Nalanda
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar, Advocate
For the Opposite Party/s : Mr.Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 19-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 352,
118 (1), 109, 3(5) of the BNSS.
3. The case of the prosecution is that the petitioners
who are brother-in-law and nephew of the informant, assaulted
the husband of the informant with a ‘knife’ and ‘blade’. It is
further alleged that when the informant went to rescue her
husband, she was also assaulted by the petitioners.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in
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connection with the present case. It is further submitted that a
bare perusal of the injury report clearly reveals that the doctor
has opined that the injury sustained by the husband of the
informant, namely, Himanshu Kumar was caused by a hard and
blunt substance and has been described as a lacerated wound. It
is well-settled that lacerated wounds are not caused by sharp
cutting weapons such as a ‘knife’ or blade, which completely
falsifies the prosecution story. It is further submitted that so far
as informant, namely, Guria Kumar is concerned, the injury
allegedly sustained by her has also been opined to be caused by
a hard and blunt substance. Thus the medical evidence does not
support the allegation of assault by sharp-edged weapons. It is
further submitted that the occurrence, if any, took place due to
sudden scuffle between the parties arising out of a family
dispute without any premeditation. Moreover, the petitioners are
languishing in judicial custody since 03.05.2025 having no
criminal antecedent.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioners on
bail. The above named petitioners are directed to be released on
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bail in connection with Tharthari P.S. Case No. 52 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate, 1st Hilsa, Nalanda.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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