Patna High Court
Sanjiv Sharma @ TiruwaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The Court denied bail to the petitioner, holding that the seriousness of the offences and the advanced stage of trial preclude granting bail.
Summary
The Patna High Court considered the bail application of Sanjiv Sharma, who is charged under several sections of the Bharatiya Nyaya Sanhita, 2023 and Section 67 of the Information Technology Act for alleged rape and murder. The petitioner argued that he was not named in the FIR and that his alleged involvement is based solely on a co‑accused’s confessional statement, which he claimed lacks evidentiary value, and that the trial is near completion. The State opposed bail, relying on a recent Supreme Court decision that courts should be loath to grant bail once trial for serious offences has commenced. The Court examined the stage of the proceedings, the seriousness of the offences, and the limited basis of the accusation, and concluded that bail could not be granted. Consequently, the bail petition was rejected and the trial court was directed to expedite the trial.
Issues considered
- Whether bail can be granted at the advanced stage of trial for serious offences such as rape and murder.
- Whether a co‑accused’s confessional statement naming the petitioner provides sufficient ground for bail.
- Whether the petitioner’s absence from the FIR affects the merit of the bail application.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5), 64, 75, 76
- Information Technology Act — s. 67
Subjects
- bail
- serious offences
- rape
- murder
- confessional statement
- co‑accused
- trial stage
- Bharatiya Nyaya Sanhita
- Information Technology Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79982 of 2025
Arising Out of PS. Case No.-18 Year-2025 Thana- SHANKARPUR District- Madhepura
======================================================
Sanjiv Sharma @ Tiruwa S/o Late Ram Chandra Sharma R/o Vill-
Lakhminiya, Ward no.014, P.S- Singheswar, Dist- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Vishoka Nand, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
6 26-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Shankarpur P.S. Case No. 18 of 2025, instituted for the offences
punishable under Sections 64, 75, 76, 3(5), 103(1), 238 of the
Bharatiya Nyaya Sanhita, 2023 and Section 67 of the
Information Technology Act.
3. The prosecution case, in short, is that the accused
persons including the petitioner committed rape and murder of
the victim girl.
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.
Patna High Court CR. MISC. No.79982 of 2025(6) dt.26-02-2026
2/3
Learned counsel for the petitioner also submitted that the
petitioner is not named in the FIR. Name of the petitioner has
transpired in this case on the basis of confessional statement
made by co-accused, namely, Prabhu Sah and the same has got
no evidentiary value. The allegation levelled against the
petitioner is general and omnibus in nature. It is further
submitted that the trial is going on and all the witnesses have
been examined except Doctor and the trial is at the verge of
conclusion. The petitioner is in custody since 30.04.2025 and
has got one criminal antecedent in which he is on bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner and has submitted
that co-accused, namely Prabhu Sah has confessed the name of
the petitioner. It is next submitted that the trial is at the verge of
conclusion. Learned APP for the State has relied upon a
decision of the Hon’ble Apex Court reported in 2024 SCC
OnLine SC 3539 (X. vs. State of Rajasthan & Anr.), wherein
in paragraph no. 14, the Hon’ble Apex Court has held as under:
“14. Ordinarily in serious offences
like rape, murder, dacoity, etc., once the trial
commences and the prosecution starts
examining its witnesses, the Court, be it the
Patna High Court CR. MISC. No.79982 of 2025(6) dt.26-02-2026
3/3
Trial Court or the High Court should be
loath in entertaining the bail application of
the accused.”
6. Considering the aforesaid facts and circumstances
of the case and present stage of the case, this Court is not
inclined to grant bail to the petitioner.
7. The prayer is rejected. The trial Court is directed to
expedite the Trial.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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