Patna High Court
Gamha SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail is granted to the petitioner on furnishing a bond of Rs.10,000 with two sureties, subject to conditions of appearance.
Summary
Gamha Sharma was arrested in connection with an assault that allegedly led to the death of a person, and was charged under Sections 103 and 3(5) of the B.N.S. The FIR contains only general and omnibus allegations and the informant is not an eye‑witness; the post‑mortem report shows death by hanging with no external injuries. Sharma has been in custody since 23 July 2025 and the case is at the prosecution‑evidence stage. The court noted that a similarly situated co‑accused, Yashwant Yadav, had already been granted anticipatory bail by a coordinate bench. Considering the lack of direct evidence, the long custodial period, and the precedent of bail to the co‑accused, the court ordered bail for Sharma subject to a bond of Rs.10,000 with two sureties and conditions of appearance. The bail may be cancelled if Sharma fails to appear on two consecutive dates without satisfactory reason.
Issues considered
- Whether the petitioner is entitled to bail despite charges under Sections 103 and 3(5) of the B.N.S.
- Whether the grant of anticipatory bail to a similarly situated co‑accused influences the bail decision for the petitioner
Legislation cited
- B.N.S. — s. 103, 3(5)
Subjects
- bail
- anticipatory bail
- FIR
- post‑mortem report
- co‑accused
- Criminal Procedure Code
- Sections 103
- Section 3(5) B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78235 of 2025
Arising Out of PS. Case No.-95 Year-2025 Thana- Nawalpur District- West Champaran
======================================================
Gamha Sharma S/o Yogindra sharma Resident of Ward No. 9, Nawalpur, P.S.-
Nawalpur, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar
For the Opposite Party/s : Mr. Ajay Kumar No. 2
For the Informant Mr. Umesh Kumar Gupta
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 20-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 103 and 3(5) of the B.N.S.
3. Petitioner along with other accused persons are said
to have assaulted the deceased.
4. Learned counsel for the petitioner submits that
there are general and omnibus allegations made in the First
Information Report and as a matter of fact, the informant is not
an eye witness to the occurrence. Further, the postmortem report
also indicates that there is no external injury except the ligature
mark on the neck and the cause of death has also been stated to
be asphyxia due to hanging. It is further submitted that
Patna High Court CR. MISC. No.78235 of 2025(4) dt.20-02-2026
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considering all the facts and circumstances, similarly situated
co-accused Yaswant Yadav has been granted privilege of
anticipatory bail by a coordinate Bench of this Court vide order
dated 10.12.2025 passed in Cr. Misc. No. 70987 of 2025
Further, the petitioner is in custody since 23.07.2025 and after
framing of charges, the case is pending at the stage prosecution
evidence.
5. Learned APP for the State and learned counsel for
the informant have opposed the application for bail. Learned
counsel for the informant has fairly submitted that he is not in a
position to controvert the fact that the case of the petitioner
would be is on similar footing as that of the co-accused
Yashwant Yadav.
6. Taking into consideration the facts and
circumstances and also considering the fact that the similarly
situated co-accused has already been granted bail, let the above
named petitioner, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned court below where
the case is pending/successor court in connection with Nawalpur
P.S. Case No. 95 of 2025, subject to the conditions that the
petitioner shall appear on each and every date till conclusion of
Patna High Court CR. MISC. No.78235 of 2025(4) dt.20-02-2026
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trial and if the petitioner does not appear on two consecutive
dates without any substantial and satisfactory reason, the
learned court below would be at liberty to cancel his bail bonds.
(Soni Shrivastava, J)
devendra/-
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