Patna High Court
Mithlesh Sharma @ Mithilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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
- Arms Act — s. 27
- Indian Penal Code — s. 120(b), 302, 307, 34
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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