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Patna High Court

Anand Sharma @ Anant SharmaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court denied bail, holding that there were sufficient grounds to reject the petitioner's application.

Summary

Anand Sharma applied for regular bail in a case registered under Sections 302, 201, 120B and 34 of the IPC for the murder of a deceased person. The prosecution relied on a confessional statement of co‑accused Shambhu Sah, recovered items such as the petitioner’s motorcycle and a side‑mirror, and the brutal nature of the crime. The petitioner claimed innocence, citing two prior criminal antecedents for which he was on bail, and argued that the only link to the crime was the co‑accused’s confession. The State opposed bail, asserting the petitioner’s involvement. The Court, noting the petitioner’s alleged role, the ongoing trial, and the lack of any new ground, refused to revisit its earlier order and dismissed the bail application.

Issues considered

  • Whether bail should be granted to the petitioner in a murder case where a co‑accused has made a confessional statement.
  • Whether the earlier denial of bail can be reviewed in light of the trial’s progress.

Legislation cited

Subjects

  • bail
  • murder
  • IPC
  • confessional statement
  • trial
  • co‑accused
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80378 of 2025
                         Arising Out of PS. Case No.-270 Year-2023 Thana- JADIA District- Supaul
                 ======================================================
                 Anand Sharma @ Anant Sharma son of Late Jagdev Sharma Resident Of
                 Village- Baghmara parmanandpur Nandipatti, Ward No 12, P.s. -Srinagar,
                 District -Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Nafisu Zzoha
                 For the Opposite Party/s :         Mr. Ram Naresh Ray
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   09-01-2026                  Heard the learned counsel for the petitioner, the

                   learned APP for the State and Mr. Ashok Kumar Mishra, the

                   learned counsel for the informant.

                                2. This is the 2nd attempt of the petitioner. The

                   petitioner seeks bail in connection with Jadia P.S. Case No. 270

                   of 2023 registered for the offence under Sections 302, 201,

                   120(B), 34 of the Indian Penal Code.

                                3. Earlier the bail application of the petitioner was

                   rejected on 25.09.2024 in Cr. Misc. No. 55380 of 2024 which

                   reads as follows:-

                                                             Heard the learned counsel for the
                                              parties.
                                                         2. The petitioner seeks regular bail in
                                              connection with Jadiya P.S. Case No. 270/2023,
Patna High Court CR. MISC. No.80378 of 2025(2) dt.09-01-2026
                                            2/3




                                  registered for the offence under Sections 302,
                                  201, 120B/34 of the Indian Penal Code.
                                                3. As per the prosecution case, the
                                  dead     body     of    the     deceased     was   found
                                  subsequently           during     investigation,       the
                                  coaccused Shambhu Sah has made confessional
                                  statement saying that he along with the
                                  petitioner had brutally killed the deceased. They
                                  cut the penis of the deceased also and side
                                  mirror of the petitioner was recovered from the
                                  place of occurrence and the motorcycle of the
                                  petitioner was recovered from the house of the
                                  petitioner.
                                                4. Learned counsel for the petitioner
                                  submits that petitioner is innocent and has not
                                  committed any offence. Thepetitioner has two
                                  criminal antecedent and in both cases he is on
                                  bail. The name of the petitioner surfaced in this
                                  case     on     the     confessional       statement    of
                                  apprehended co-accused. The petitioner is in
                                  custody since 18.01.2024.
                                                5. Learned A.P.P. has vehemently
                                  opposed the prayer for bail and submits that the
                                  petitioner was also involved in the said crime.
                                                6. Considering the role of the
                                  petitioner in the crime, I am not inclined to
                                  grant bail to the petitioner.
                                                7. Accordingly, this application for
                                  regular bail is dismissed.



                       4. Mr. Mishra, the learned counsel for the informant
            Patna High Court CR. MISC. No.80378 of 2025(2) dt.09-01-2026
                                                        3/3




                      submits that out of 13 witnesses, 9 witnesses have been

                      examined.

                                   5. In view of the fact that the trial is proceeding, this

                      Court finds no ground to review its earlier order.

                                   6. Accordingly, this application for regular bail is

                      rejected.



                                                              (Sandeep Kumar, J)
Shishir/-

U


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