Created by Fuzzy Cloud

Patna High Court

Bipin Kumar SharmaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied as the court found sufficient material indicating the petitioner's active participation in the alleged offence.

Summary

The petitioner, Bipin Kumar Sharma, was arrested in connection with a murder case (Ratwara P.S. Case No. 8 of 2025) involving alleged shooting under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. He applied for bail, claiming false implication and lack of specific overt acts or eyewitness testimony against him, while noting his custody since 25‑04‑2025 and two prior criminal antecedents. The State opposed bail, asserting that the petitioner fired the fatal shot and had confessed to the crime. The court examined the case diary and found cogent material indicating the petitioner's active involvement. Consequently, the court declined to grant bail, rejecting the petitioner's application.

Issues considered

  • Whether bail should be granted to the accused under Sections 103(1), 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act in view of the alleged involvement in the murder.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • murder
  • arms act
  • presumption of guilt
  • cognizance of evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80155 of 2025
                      Arising Out of PS. Case No.-8 Year-2025 Thana- RATWARA District- Madhepura
                 ======================================================
                 Bipin Kumar Sharma S/o Late Nageshwar Sharma R/o Village- Muraut, Ward
                 No. 17, P.S- Ratwara, Dist- Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Achintya Anand, Advocate
                 For the Opposite Party/s :       Mr. Vinod Shanker Modi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   09-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                               2. The petitioner seeks bail in connection with

                   Ratwara P.S. Case No. 8 of 2025 instituted for the offences

                   under Sections 103(1), 61(2) of the Bharatiya Nyaya Sanhita,

                   2023 and Section 27 of the Arms Act.

                               3. Prosecution case, in short, is that on the alleged date

                   and time of occurrence, the accused persons including the

                   petitioner shot and killed the informant’s husband.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Learned counsel for the petitioner submitted that general and

                   omnibus allegation has been made against the petitioner. No
           Patna High Court CR. MISC. No.80155 of 2025(3) dt.09-02-2026
                                                       2/2




                     specific overt act is alleged against the petitioner. There is no

                     eye-witness to the occurrence. It has been submitted on behalf

                     of the petitioner that the petitioner is in custody since

                     25.04.2025 and has two criminal antecedents.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner stating that

                     during course of investigation, it has cropped up that it was this

                     petitioner who fired upon the deceased due to which the

                     deceased died. He further contended that this petitioner has also

                     confessed his guilt

                                  6. Considering the aforesaid facts and circumstances

                     of the case, there being cogent material in the case diary to show

                     the active involvement of the petitioner in the alleged

                     occurrence, this Court is not inclined to grant bail to the

                     petitioner at this stage.

                                  7. Accordingly, the prayer for grant of bail to the

                     petitioner is, hereby, rejected.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.