Patna High Court

Deepak Sharma @ Karoo SharmaversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail should be granted to the petitioner.

Summary

Deepak Sharma was arrested in connection with a murder case (Obra P.S. Case No. 213 of 2025) alleging that he and co‑accused tied the husband of an informant with a rope, assaulted him and caused his death. The petitioner claimed innocence, arguing that the charge‑sheet was vague, no specific allegation was made against him, and that a counter‑case existed where the deceased had an illicit relationship with the petitioner's daughter and attempted rape. He had been in custody since 12 June 2025, had no prior criminal record, and a co‑accused had already been granted bail. The State opposed bail, but the court considered the case‑and‑counter‑case dynamics, the length of custody, and the lack of antecedents. Consequently, the court decided to grant bail, directing the petitioner to furnish a bail bond of Rs.15,000 with two sureties of equal amount.

Issues considered

Whether the petitioner is entitled to bail despite the serious offences alleged under the Bharatiya Nyaya Sanhita, 2023

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 115(2), 126(2), 190, 191(2), 303(2)

Subjects

bail
criminal procedure
Bharatiya Nyaya Sanhita
homicide
counter case
false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7851 of 2026
                       Arising Out of PS. Case No.-213 Year-2025 Thana- OBRA District- Aurangabad
                 ======================================================
                 Deepak Sharma @ Karoo Sharma S/O Madan Sharma R/O Village- Kharati,
                 P.S- Obra, Distt.- Aurangabad.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anand Kishore Choudhary, Advocate
                 For the Opposite Party/s :        Mr. Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-02-2026                           Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with Obra

                   P.S. Case No. 213 of 2025, instituted for the offences punishable

                   under Sections 190, 191(2), 115(2), 126(2), 103(1) and 303(2)

                   of the Bharatiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, is that husband of

                   the informant was tied with a rope by the petitioner and other

                   co-accused persons who brutally assaulted her husband and on

                   the way to the hospital he succumbed to his injuries.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Charge-sheet has been submitted in this case. No
Patna High Court CR. MISC. No.7851 of 2026(2) dt.19-02-2026
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          incriminating material has been recovered from the conscious

          possession of the petitioner. Learned counsel for the petitioner

          also submitted that no specific allegation has been attributed

          against the petitioner rather the same is general and omnibus in

          nature. It is next submitted that there is case and counter case

          between the parties. The deceased had illicit relation with

          petitioner’s daughter and also tried to commit rape upon her for

          which the petitioner’s side has lodged a counter case in

          connection with Obra P.S. Case No. 260 of 2025 (Annexure-

          P/2). The petitioner is in custody since 12.06.2025 and has got

          no criminal antecedent. Learned counsel for the petitioner

          further submits that other co-accused has been granted regular

          bail by a Co-ordinate Bench of this Court vide order dated

          11.02.2026 passed in Cr. Misc. No. 83973 of 2025.

                       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
             Patna High Court CR. MISC. No.7851 of 2026(2) dt.19-02-2026
                                                         3/3




                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Obra P.S. Case No.

                       213 of 2025.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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