Patna High Court
Golu SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 115(2), 126(2), 190, 191(2), 303(2), 480(3)
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
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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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