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Patna High Court

Mithlesh Sharma @ Mithilesh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was not granted as the case was not fit for such relief.

Summary

The petitioner, Mithlesh Sharma, sought anticipatory bail fearing arrest in a case (Kharik P.S. Case No. 98 of 2022) involving alleged offences of murder, attempt to murder, criminal conspiracy and illegal possession of arms. The prosecution alleged that the petitioner and co‑accused fired at the informant's father, causing fatal injuries. The petitioner contended that he was falsely implicated, was not present at the scene, and has no prior criminal record. The State opposed the bail, while other co‑accused had been granted regular bail. The Court held that, given the seriousness of the charges, the case was not suitable for anticipatory bail and rejected the petition, though it allowed the petitioner to apply for regular bail upon surrender within six weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case involving murder, attempt to murder, conspiracy and arms offences

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • criminal procedure
  • murder
  • conspiracy
  • arms act
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83440 of 2024
                       Arising Out of PS. Case No.-98 Year-2022 Thana- KHARIK District- Bhagalpur
                 ======================================================
                 Mithlesh Sharma @ Mithilesh Kumar Son of Subhash Chandra Sharma
                 Resident of Vill- Chakrami, P.S.- Bhawanipur (Narayanpur), District-
                 Bhagalpur
                                                                      ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Pramod Kumar Thakur, Advocate
                 For the Opposite Party/s :        Mr.Mohammed Arif, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

6   05-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                               2. The petitioner apprehends his arrest in connection

                   with Kharik P.S. Case No. 98 of 2022,                       instituted for the

                   offences under Sections 302, 307, 120(b)/34 of the Indian Penal

                   Code and Section 27 of the Arms Act.

                               3. Prosecution case, in short, is that petitioner and

                   other co-accused persons came on two motorcycles and fired

                   upon father of the informant resultantly he sustained firearm

                   injury and died.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. The

                   name of the petitioner transpired in this case because he is

                   brother of one Chandan Kumar Sharma except that there is
           Patna High Court CR. MISC. No.83440 of 2024(6) dt.05-02-2026
                                                       2/2




                     noting against the petitioner. Petitioner is only co-villager of the

                     informant. Learned counsel for the petitioner submitted that

                     general and omnibus allegation has been made against the

                     petitioner. At the time of occurrence, the petitioner was not

                     present on the place of occurrence. It has been submitted on

                     behalf of the petitioner that the petitioner has no criminal

                     antecedent.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner. The other

                     co-accused have been granted regular bail by this Bench.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, nature and gravity of offences, in my view, this is

                     not a fit case for anticipatory bail.

                                  7. Accordingly, the prayer for grant of anticipatory

                     bail to the petitioner is, hereby, rejected.

                                  8. However, if the petitioner surrenders before the

                     learned court below within a period of six weeks from today and

                     prays for regular bail, the same shall be disposed of on its own

                     merit without being prejudiced by this order.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T


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