Patna High Court
Sudhir Sharma @ Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court held that the petitioner is entitled to bail as the evidence does not substantiate his involvement and he has a clean antecedent.
Summary
Sudhir Sharma sought bail after being implicated in a case (Pipra PS No. 89 of 2025) for alleged firing on an informant's son, alleged offences under Sections 109, 3(5) of the B.N.S.S. and Section 27 of the Arms Act. The prosecution alleged his participation, but the injured’s statement identified two unknown persons and denied Sharma’s involvement. Sharma’s counsel argued he was falsely implicated and had no prior criminal record. The court examined the FIR, the injured’s statement and the clean antecedent, and concluded there was insufficient material to justify detention. Accordingly, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to bail in view of the allegations under Sections 109, 3(5) of B.N.S.S. and Section 27 of the Arms Act
- Whether the material on record sufficiently links the petitioner to the alleged offence
Legislation cited
Subjects
- bail
- false implication
- Arms Act
- Criminal Procedure
- clean antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82644 of 2025
Arising Out of PS. Case No.-89 Year-2025 Thana- PIPRA District- Supaul
======================================================
Sudhir Sharma @ Sudhir Kumar Son of Late Jagrup Sharma R/o Village -
Bahurawa, P.S. - Pipra, Dist. - Supaul, Bihar, Pin Code - 852218.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Purushottam Kumar, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State
2. The petitioner apprehends his arrest in connection
with Pipra P.S Case No. 89 of 225 registered for the offences
punishable under Sections 109, 3(5) of BNS and Section 27 of
the Arms Act.
3. As per the prosecution case, petitioner along with
co-accused fired bullet upon the son of the informant.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. It is next
submitted that petitioner has got no criminal antecedent as
stated in para 3 of the bail petition.
5. Learned counsel for the State opposes the prayer
Patna High Court CR. MISC. No.82644 of 2025(3) dt.20-02-2026
2/2
for bail of the petitioner.
6. From perusal of the F.I.R., impugned order and
materials available on record it appears that injured in his
statement stated that two unknown has approached and shot the
bullet on him. In his statement, he has also denied the
involvement of the petitioner in the aforesaid incident.
Petitioner has got clean antecedent as stated in paragraph no. 3
of the bail petition.
7. Considering the aforesaid facts and circumstances
of the case, submissions made on behalf of the petitioner, let the
above named petitioner be released on bail in the event of his
arrest or surrender before the trial court within a period of six
weeks from today on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to the
satisfaction of learned JMFC, Supaul in connection with Pipra
P.S Case No. 89 of 225 subject to the condition laid down under
Section 482(2) of B.N.S.S.
(Ramesh Chand Malviya, J)
Mayank/-
U T
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