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Patna High Court

Golu SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to conditions, finding no specific allegation against him and considering his clean antecedent and custody period.

Summary

Golu Sharma applied for bail in a case (Obra PS Case No. 213 of 2025) alleging offences under Sections 191(2), 190, 115(2), 126(2), 103(1) and 303(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution contended that Sharma, along with co‑accused, tied and brutally assaulted the husband of an informant, who was later declared dead. Sharma argued that he was falsely implicated, that no specific allegation of assault was made against him, and that the real dispute involved a rape allegation against the informant’s husband. The court noted the non‑specific nature of the charge against Sharma, his clean antecedent, the length of his custody since June 2025, and the filing of a charge‑sheet. Considering these factors and the provisions of Section 480(3) of the BNS, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions regarding attendance and surety qualifications.

Issues considered

  • Whether the allegation against the petitioner is specific enough to deny bail under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the petitioner’s clean antecedent and period of custody justify the grant of bail.
  • Whether Section 480(3) of the Bharatiya Nyaya Sanhita, 2023, applies to the bail conditions in this case.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • specific allegation
  • clean antecedent
  • Bharatiya Nyaya Sanhita
  • Section 480(3)
  • non‑specific charge

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83973 of 2025
                       Arising Out of PS. Case No.-213 Year-2025 Thana- OBRA District- Aurangabad
                 ======================================================
                 Golu Sharma Son of Madan Sharma Resident of village - Kharati, Police
                 Station - Obra, District - Aurangabad.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anand Kishore Choudhary, Advocate
                 For the Opposite Party/s :        Mr. Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   11-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Obra P.S. Case No. 213 of 2025 registered for

                   the alleged offences under Sections 191(2), 190, 115(2), 126(2),

                   103(1), 303(2) of Bharatiya Nyaya Sanhita, 2023.

                                03. As per prosecution case, the husband of the

                   informant was tied with rope by the petitioner and other co-

                   accused persons who brutally assaulted the husband of the

                   informant.

                                04. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. There is no specific allegation of assault against the

                   petitioner and the allegation is general and omnibus against the
Patna High Court CR. MISC. No.83973 of 2025(3) dt.11-02-2026
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          petitioner and other co-accused persons. True fact of the case is

          that the husband of the informant had committed rape with the

          sister of the petitioner and on the fateful day, he was again

          trying to commit rape with the sister of the informant and was

          caught in this act and was thrashed by the mob, which

          assembled on hearing the cries of the victim girl. The

          petitioner’s side has also lodged Obra P.S. Case No. 260 of 2025

          registered under Sections 64, 86, 74, 75, 76, 115(2), 126(2), 352,

          351(2), 333, 324(4) r/w 3(5) of BNS against the informant’s

          side. Learned counsel further submits that the petitioner is

          having clean antecedent and is in custody since 12.06.2025.

          Charge-sheet has been submitted.

                       05. Learned APP for the State opposes the submission

          made on behalf of the petitioner. Learned APP submits that there

          is specific allegation against the petitioner and other co-accused

          persons that they brutally assaulted the husband of the

          informant, who was declared brought dead when taken to

          hospital.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          non-specific nature of allegation against the petitioner and also

          considering the FIR lodged by the petitioner’s side and further
           Patna High Court CR. MISC. No.83973 of 2025(3) dt.11-02-2026
                                                       3/3




                     considering the period of custody of the petitioner and his clean

                     antecedent along with submission of charge-sheet, the petitioner

                     above named is directed to be released on bail on furnishing bail

                     bonds of Rs. 10,000/- (ten thousand) with two sureties of the

                     like amount each to the satisfaction of learned Sub Divisional

                     Judicial Magistrate, Daudnagar, Aurangabad/court concerned in

                     connection with Obra P.S. Case No. 213 of 2025, subject to the

                     conditions mentioned in Section 480(3) of BNSS and the

                     following conditions:

                                  (i) One of the bailors will be a close relative of

                                  the petitioner.

                                  (ii) The petitioner will remain present on each and

                                  every date fixed by the court below.

                                  (iii) In case of absence on three consecutive dates

                                  or in violation of the terms of the bail, the bail

                                  bond of the petitioner will be liable to be

                                  cancelled by the court concerned.



                                                       (Arun Kumar Jha, J)
Ashish/-

U      T


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