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Patna High Court

Sanjay SharmaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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