Patna High Court
Salo SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that, given the FIR's delay, lack of specificity, and the simple injury, bail should be granted to the petitioners under Section 482(2) of the BNSS.
Summary
The petitioners, six members of the Sharma family, sought bail in a criminal case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) alleging they entered the informant's house armed and assaulted him. They contended that the FIR, lodged nine days after the incident, was vague and omnibus, with only one petitioner (No.4) specifically accused of striking the informant's head, resulting in a simple injury. The State opposed bail, emphasizing the seriousness of the charges. The Court noted the delay in filing the FIR, the lack of specificity in the allegations, the existence of a land dispute between the parties, and the minor nature of the injury, and consequently ordered that the petitioners be released on bail subject to a bond and sureties, under Section 482(2) of the BNSS. The bail order was conditioned on surrender within four weeks and compliance with the lower court's requirements.
Issues considered
- Whether the petitioners are entitled to bail despite charges under Sections 126(2), 115, 118(1), 109, 352, 351(2) and 3(5) of the BNSS
- Whether the delay of nine days in lodging the FIR and the vague, omnibus nature of the allegations justify granting bail
- Whether the simple nature of the injury sustained by the informant affects the bail decision
- Whether Section 482(2) of the BNSS can be invoked to grant bail in the present circumstances
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115, 118(1), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- FIR delay
- vague allegations
- simple injury
- criminal procedure
- BNSS
- Section 482
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78903 of 2025
Arising Out of PS. Case No.-149 Year-2024 Thana- SHRI NAGAR District- Madhepura
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1. Salo Sharma S/o Late Ramdeo Sharma R/o Village - Laxmipur, Bhagwati,
Ward no. 16, P.S - Srinagar Hat, District - Madhepura
2. Lalo Sharma S/o Late Ramdeo Sharma R/o Village - Laxmipur, Bhagwati,
Ward no. 16, P.S - Srinagar Hat, District - Madhepura
3. Balram Sharma S/o Late Jagdish Sharma R/o Village - Laxmipur, Bhagwati,
Ward no. 16, P.S - Srinagar Hat, District - Madhepura
4. Santosh Sharma S/o Late Jagdish Sharma R/o Village - Laxmipur, Bhagwati,
Ward no. 16, P.S - Srinagar Hat, District - Madhepura
5. Anil Sharma S/o Late Nunulal Sharma R/o Village - Laxmipur, Bhagwati,
Ward no. 16, P.S - Srinagar Hat, District - Madhepura
6. Bechan Sharma S/o Bhikhan Sharma R/o Village - Laxmipur, Bhagwati,
Ward no. 16, P.S - Srinagar Hat, District - Madhepura
... ... Petitioners.
Versus
The State of Bihar. ... ... Opposite Party.
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioners and learned A.P.P.
for the State.
2. The petitioners apprehends their arrest in a case registered
for the offences punishable under Sections 126 (2), 115, 118 (1),
109, 352, 351(2), 3 (5) of the B.N.S.
3. The allegation in the first information is that the accused
persons, six in number, who are the petitioners herein, came
variously armed to the house of the informant and indulged in
Patna High Court CR. MISC. No.78903 of 2025(3) dt.21-01-2026
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assault causing injury.
4. It is submitted by learned counsel for the petitioners that the
allegations levelled against the petitioners is not specific rather
general and omnibus in nature, except petitioner no.4., who
assaulted on the head of the informant by means of rod but the
injury report indicates the nature of the injury as simple. It is
further submitted that there is delay of nine days in lodging the
F.I.R. without tendering any explanation. As a matter of fact,
there was a dispute between both the parties with regard to
ploughing the share of the land which falls in the share of the
prosecution side. There is case and counter case.
5. Learned APP for the State opposed the prayer for bail.
6. Taking into consideration the facts and circumstances of the
case and also considering the fact that there is delay in lodging
the F.I.R., case and counter case between the parties and the
injury suffered by the injured simple in nature, let the above
named petitioners, be released on bail, in the event of their arrest
or surrender before the learned Court below within a period of
four weeks from today, on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned lower Court where
the case is pending/successor Court in connection with Srinagar
Patna High Court CR. MISC. No.78903 of 2025(3) dt.21-01-2026
3/3
Hat P.S. Case No.149 of 2024, subject to the condition as laid
down under Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
Trivedi/-
U T
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