Patna High Court
Bipin Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 61(2)
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
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