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Patna High Court

Prashant Kumar Sharma @ Prashant SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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