Patna High Court
Sujeet SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners subject to conditions.
Summary
The petitioners Sujeet Sharma, Shyam Sharma, Ram Babu Sharma and Santosh Sharma sought anticipatory bail after an FIR was lodged alleging assault with an iron rod, pipe and pistol, and the theft of a gold chain and Rs.10,000, invoking Sections 341, 323, 308, 504, 506 and 34 of the IPC. They contended that they were falsely implicated due to an old enmity and that the FIR was filed after an inordinate delay of eight days, rendering the prosecution's case doubtful. The petitioners also highlighted that the allegations were general, lacking specific overt acts, and that they possessed a clean antecedent. The State opposed the bail application. Considering the nature of the accusation, the clean antecedent of the petitioners, and the procedural irregularities, the court granted anticipatory bail subject to a bail bond of Rs.10,000 each with two sureties and compliance with Section 482(2) of the BNSS. The order directed that if arrested within eight weeks, the petitioners be released on bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the FIR
- Whether the delay in filing the FIR and lack of specific allegations affect the merits of the bail application
Legislation cited
- Indian Penal Code — s. 308, 323, 34, 341, 504, 506
Subjects
- anticipatory bail
- IPC
- assault
- theft
- false implication
- clean antecedent
- delay in FIR
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83634 of 2025
Arising Out of PS. Case No.-23 Year-2024 Thana- BISHANPUR District- Darbhanga
======================================================
1. Sujeet Sharma S/o Bilash Sharma R/o Village - Dargan, P.S - Katra, District
- Muzaffarpur
2. Shyam Sharma S/o Bilash Sharma R/o Village - Dargan, P.S - Katra, District
- Muzaffarpur
3. Ram Babu Sharma S/o Bilash Sharma R/o Village - Dargan, P.S - Katra,
District - Muzaffarpur
4. Santosh Sharma @ Santosh Kumar S/o Ram Babu Sharma R/o Village -
Dargan, P.S - Katra, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Das, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 341, 323, 308, 504,
506/34 of the Indian Penal Code.
3. As per F.I.R., these petitioners assaulted informant
by means of iron rod, pipe, pistol and snatched gold chain from
his neck and Rs. 10,000/- from his pocket.
4. Learned counsel for the petitioners submits that
petitioners are innocent and falsely been implicated in this case
due to old enmity. As a matter of fact, present case is counter
blast of Katra P. S. Case No. 4 of 2019 which was lodged by
Patna High Court CR. MISC. No.83634 of 2025(2) dt.06-01-2026
2/2
petitioner no. 2 under Section 302 IPC. Allegation of assault is
general and omnibus and there is no specific allegation of overt
act against these petitioners. F.I.R. has been lodged after
inordinate delay of eight days which itself raises doubt over
veracity of the prosecution case. Rest of the allegations are
ornamental only to make the case grave. Petitioners claim clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and clean
antecedent, 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 Additional Chief
Judicial Magistrate-IX, Darbhanga in connection with
Bishanpura P. S. Case No. 23 of 2024, subject to condition as
laid down under Section 482(2) of the BNSS.
(Prabhat Kumar Singh, J)
Navya/-
U T
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