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Patna High Court

Ashok SharmaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Ashok Sharma was charged under multiple sections of the Indian Penal Code, including murder, for allegedly assaulting the father of an informant with a kulhari, resulting in death. The petitioner sought regular bail after an earlier bail application was rejected, arguing that only four of ten witnesses had been examined and that the key witness, the deceased's wife, gave contradictory statements. He also highlighted a delay between the incident, FIR filing, and case registration, and noted his lack of prior criminal record while being in custody since May 2024. The State opposed bail, emphasizing the informant's support for the prosecution. Considering the incomplete witness testimony, inconsistencies, delay, and the petitioner's clean antecedents, the court decided to grant regular bail on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with serious offences including murder
  • Whether the delay in FIR registration and incomplete examination of witnesses affect the bail eligibility
  • Whether the contradictory testimony of the key witness undermines the prosecution's case

Legislation cited

Subjects

  • regular bail
  • IPC sections
  • murder
  • trial delay
  • witness testimony
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80001 of 2025
                       Arising Out of PS. Case No.-50 Year-2024 Thana- KUNAULI District- Supaul
                 ======================================================
                 Ashok Sharma S/o- Late Sukhdeo Sharma Resident of Village- Haripur, PS-
                 Kunauli District- Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Kumar, Advocate
                 For the Opposite Party/s :       Mr. Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   30-01-2026                     Heard learned counsel for the petitioner, learned

                   APP for the State and learned counsel for the informant.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 147, 148,

                   149, 448, 341, 323, 307, 302, 504 and 506 of the Indian Penal

                   Code which was earlier rejected vide order dated 07.04.2025

                   with an observation that the petitioner may be at liberty to

                   renew his prayer for bail after six months, if the trial is not

                   concluded.

                                3. Stage of trial has been called for from the learned

                   trial court and from perusal of the report, it transpires that out

                   of ten witnesses, only four witnesses have been examined.

                                4. The case of the prosecution is that the petitioner
Patna High Court CR. MISC. No.80001 of 2025(3) dt.30-01-2026
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          assaulted with kulhari on the head of the father of the

          informant due to which he died.

                       5. Learned counsel for the petitioner has submitted

          that only victim has been examined in this case. It has also

          been argued by learned counsel for the petitioner that during

          trial, Veena Devi the wife of the deceased has been examined

          as P.W.-2 and in examination-in-chief, she has stated that the

          petitioner has assaulted with kulhari on his head due to which

          he fell down and died. In her cross-examination, she has stated

          that her husband was not there at the time of measurement.

          When all persons have returned after the measurement. After

          one and half hour, her husband has gone to see the land. He

          has gone there alone. When this witness reached there, her

          husband (deceased) was lying there and blood was oozing

          from his head only. She went there and tied his injury with

          saree and raised alarm. On alarm being raised, after 10-15

          minutes, other villagers arrived there. In para-4, she has stated

          that at the time of occurrence, no male member was at the

          house. When the dead body of the deceased was received at

          her house from Patna, male members arrived. After this, she

          disclosed about the occurrence to them. After having

          discussions between them, the informant filed this case.
Patna High Court CR. MISC. No.80001 of 2025(3) dt.30-01-2026
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          Learned counsel has further submitted that from perusal of the

          FIR, it is clear that the occurrence is of 21.04.2024 and

          fardebyan was recorded on 25.04.2024 whereas the case was

          registered on 28.04.2024. He has further submitted that this

          delay has not been examined by the prosecution. A statement

          has been made in para-3 of this petition that the petitioner has

          got no criminal antecedent. Moreover, he is languishing in

          judicial custody since 11.05.2024.

                       6. Learned APP appearing for the State and learned

          counsel for the informant have vehemently opposed the prayer

          of regular bail and has submitted that the informant has

          supported the case of the prosecution in his deposition and in

          examination-in-chief and cross-examination as well.

                       7. It is clear from the above discussions that P.W.-2

          the wife of the deceased is the person who has seen the

          occurrence first of all and according to her version, she has

          not seen the occurrence.

                       8. Having heard learned counsel for the parties and

          considering the above facts and circumstances of this case, this

          court is inclined to enlarge the petitioner on bail. The above

          named petitioner is directed to be released on bail in

          connection with Kunauli P.S. Case No. 50 of 2024 on
            Patna High Court CR. MISC. No.80001 of 2025(3) dt.30-01-2026
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                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      A.D.J.-IV, Supaul.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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