Patna High Court
Murari SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted bail to the petitioners subject to specified bond and surety conditions.
Summary
Murari Sharma and Naresh Sharma were arrested in connection with a robbery alleged under Section 309(6) of the Bhartiya Nyaya Sanhita, where a pick‑up van was intercepted and Rs 20,000 and a mobile phone were allegedly stolen. The petitioners claim they were falsely implicated, asserting that a collision between the van and a co‑accused’s bike led to a scuffle, and that the matter has been compromised, with a compromise petition filed in the trial court. They have been in custody since 20 August 2025; one has a clean record while the other has a prior excise case, and two co‑accused have already been granted bail. The State opposed bail, but the High Court, considering the circumstances and the pending compromise, ordered bail on the condition of a Rs 10,000 bond with two sureties and compliance with several conditions. The order also stipulated that any breach could lead to cancellation of bail, and that the observations would not affect the trial.
Issues considered
- Whether bail should be granted to the accused under Section 309(6) of the Bhartiya Nyaya Sanhita in view of the alleged robbery, the petitioners' claim of innocence, and the existence of a compromise.
- Whether the petitioners' criminal antecedents and the bail granted to co‑accused affect the decision on bail.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 309(6)
Subjects
- bail
- robbery
- theft
- Section 309
- Bhartiya Nyaya Sanhita
- compromise
- criminal antecedent
- High Court
- Darbhanga
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85306 of 2025
Arising Out of PS. Case No.-125 Year-2025 Thana- MANIGACHI District- Darbhanga
======================================================
1. Murari Sharma S/O Bhutani Sharma @ Bhutai Thakur R/O Vill.- Raje Goth,
P.S- Manigachhi,Dist.- Darbhanga
2. Naresh Sharma @ Naresh Kumar Sharma S/O Pramod Sharma R/O Vill.-
Raje Goth, P.S- Manigachhi,Dist.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baleshwar Kamat, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioners and the
learned APP for the State.
2. The petitioners seek bail in connection with
Manigachhi P.S. Case No. 125 of 2025 registered for the
offences under Sections 309(6) of the Bhartiya Nyaya Sanhita.
3. As per the prosecution case, the informant was
travelling in his pick-up van when five persons on two bikes
intercepted and allegedly snatched Rs. 20,000/- and a mobile
phone from him. It is further alleged that they had also assaulted
the informant and when the police arrived three of the accused
persons managed to escape, including the petitioner while two
were apprehended who disclosed their name as Jay Prakash
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Thakur and Krishna Kumar Kamati.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated. It has
further been submitted that in fact the pick-up van had dashed
with the bike of the co-accused namely Jay Prakash Thakur and
upon which scuffle took place. It has further been submitted that
the parties after the intervention of well-wishers have
compromised the matter and a compromise petition has been
filed before the learned trial court and the same has been
brought on record by way of Annexure-P2.
5. The petitioner is in custody since 20.08.2025.
The petitioner no. 1 has clean antecedent whereas the petitioner
no. 2 is an accused in a case under Excise Act. It has further
been submitted that the apprehended accused namely Jay
Prakash Thakur vide order dated 15.12.2025 passed in Cr. Misc.
No. 84827 of 2025 and Bittu Yadav @ Bittu Kumar Yadav vide
order dated 22.12.2025 passed in Cr. Misc. No. 81181 of 2025
have already been granted bail by the co-ordinate Benches of
this Court.
6. Learned APP for the State has vehemently
opposed the prayer for bail of the petitioners.
7. Considering the facts and circumstances of the
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case, the petitioners are directed to be released on bail on their
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Additional Chief Judicial Magistrate-VI,
Darbhanga in connection with Manigachhi P.S. Case No. 125 of
2025, subject to the following conditions:
(i) One of the bailors will be a close relative of the
petitioners;
(ii) the petitioners will remain present on each and
every date fixed by the Court below, if so required by the
learned Trial Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the
petitioners will liable to be cancelled by the Court concerned;
(iv) the Court below shall verify the criminal
antecedent of the petitioners and in case at any stage, it is found
that the petitioners have concealed their criminal antecedent, the
court below shall take step for cancellation of bail bonds of the
petitioners. However, the acceptance of bail bonds in terms of
the above mentioned order shall not be delayed for purpose of
the same on in the name of verification.
8. It is made clear that the observations, if any, made
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in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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