Created by Fuzzy Cloud

Patna High Court

Sujeet SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.