Patna High Court
Sanjay SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court denied anticipatory bail to the petitioner.
Summary
The petitioner, Sanjay Sharma, filed an anticipatory bail application fearing arrest in a case registered under multiple sections of the Indian Penal Code, including assault and rioting. The prosecution alleged that Sharma assaulted the son of an informant with a sword, causing injuries, and cited an injury report and a prior criminal antecedent. Sharma's counsel contended that the case was false, stemming from a personal enmity, and asserted his innocence. The State opposed bail, emphasizing the specific accusations, supporting medical evidence, and the seriousness of the offences. After considering the direct nature of the allegations and the gravity of the crimes, the court rejected the anticipatory bail request.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the specific accusations under the IPC and the seriousness of the offences
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 117(2), 118(1), 118(2), 126(2), 351(2), 352
Subjects
- anticipatory bail
- Indian Penal Code
- assault
- rioting
- criminal antecedent
- bail rejection
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82865 of 2025
Arising Out of PS. Case No.-48 Year-2025 Thana- UPHARA District- Aurangabad
======================================================
Sanjay Sharma Son of Suresh Sharma @ Suresh Singh Resident of Village
and P.O.- Dadwa, P.S.- Uphara, District-Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Aman Vishal, Advocate
For the State : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 117(2), 118(1), 118(2), 109(1), 351(2) and 352 of the
B.N.S..
3. As per prosecution case, it is alleged that this
petitioner assaulted son of informant, namely Prince Singh, by
means of sword causing injury on his neck and head.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. As a matter of fact, due to previous
enmity, this false and concocted case has been lodged.
5. On the other hand, learned A.P.P. for the State has
Patna High Court CR. MISC. No.82865 of 2025(2) dt.05-01-2026
2/2
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that petitioner is named in the F.I.R.
with specific accusation that he assaulted son of informant with
iron rod. The allegations levelled in the F.I.R. find support from
the injury report. Petitioner has got one criminal antecedent.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and gravity of
offence, the prayer for grant of anticipatory bail to the petitioner
is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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