Patna High Court
Prashant Kumar Sharma @ Prashant SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to the stipulated conditions.
Summary
The petitioners, Prashant Kumar Sharma and Avinash Kumar Sharma, sought anticipatory bail fearing arrest in a case registered under multiple offences of the Bharatiya Nyaya Sanhita, including assault with a sword. The prosecution alleged that on 23 July 2025 the petitioners, along with others, assaulted an informant. The petitioners contended they were innocent and the allegations were vague. The State opposed the bail, arguing the seriousness of the charges. Considering the nature of the accusations and the circumstances, the High Court granted anticipatory bail, directing the petitioners to surrender within eight weeks, furnish a bail bond of Rs 10,000 each with two sureties, and comply with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted in a case involving offences under Sections 126(2), 115(2), 125(a), 109(1), 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita
- Whether the allegations constitute a case where bail can be denied under the inherent powers of the High Court
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 125(a), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- high court
- bail bond
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82739 of 2025
Arising Out of PS. Case No.-219 Year-2025 Thana- AANDAR District- Siwan
======================================================
1. Prashant Kumar Sharma @ Prashant Sharma Son of Ramadhar Sharma
Resident of Village- Kodaila, P.S.- Ander, District- Siwan
2. Avinash Kumar Sharma @ Avinash Sharma Son of Ramadhar Sharma
Resident of Village- Kodaila, P.S.- Ander, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Irshad Ahmad Khan, Adv.
For the Opposite Party/s : Mr.Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 125(a),
109(1), 303(2), 352, 351(2) read with Section 3(5) of the
Bharatiya Nyaya Sanhita.
3. As per prosecution case, on 23.07.2025 , these
petitioners along with other co-accused persons are alleged to
have assaulted the informant with sword and leg.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence as alleged. Allegation is general and
Patna High Court CR. MISC. No.82739 of 2025(2) dt.05-01-2026
2/2
omnibus in nature against these petitioners. Case and counter-
case between the parties.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the backdrop of the case, nature of
accusation and other circumstances of the case, this anticipatory
bail is allowed and it is ordered that let the above named
petitioners in the event of their arrest/surrender before the court
below within a period of eight weeks from today, be enlarged on
bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate-1st Class, Siwan in connection with
Ander P. S. Case No. 219 of 2025, subject to condition as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
shivam/-
U T
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