Patna High Court
BALIRAM SHARMA @ Baliram Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioners subject to bond and surety conditions.
Summary
The petitioners, six members of the Sharma family, were accused of assaulting a neighbour and his wife over a dispute concerning a banana tree and adjoining land. They sought anticipatory bail, claiming they have clean antecedents and that the injuries alleged were minor, arguing they were falsely implicated by the informant. The State opposed the bail, citing multiple serious offences under the BNS, 2023. The court examined the nature of the injuries, the petitioners' cooperation prospects, and the risk of absconding, and found no compelling reason to deny bail. Consequently, the court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties each, and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of offences under Sections 126(2), 115(2), 118(1), 109(1), 76, 303(2), 352, 351(2) and 3(5) of the BNS, 2023.
- Whether the petitioners are likely to flee, tamper with evidence, or otherwise jeopardize the investigation.
Legislation cited
Subjects
- anticipatory bail
- assault
- false implication
- clean antecedent
- land dispute
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85677 of 2025
Arising Out of PS. Case No.-388 Year-2025 Thana- BAIRIYA District- West Champaran
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1. BALIRAM SHARMA @ Baliram Kumar Sharma Son of Sri Fulena Sharma
Resident of village- Sudama Nagar, Ward No. 08, P. S.-Bairiya, District-
West Champaran.
2. RAVINDRA SHARMA son of Sri Fulena Sharma Resident of village-
Sudama Nagar, Ward No. 08, P. S.-Bairiya, District- West Champaran.
3. FULENA SHARMA son of Late Kapileshwar Sharma, Resident of village-
Sudama Nagar, Ward No. 08, P. S.-Bairiya, District- West Champaran.
4. RANJEET SHARMA @ Ranjeet Kumar son of Sri Aklu Sharma Resident of
village- Sudama Nagar, Ward No. 08, P. S.-Bairiya, District- West
Champaran.
5. SHIVPUJAN SHARMA S/O Late Mangani Sharma Resident of village-
Sudama Nagar, Ward No. 08, P. S.-Bairiya, District- West Champaran.
6. ASHA DEVI @ USHA DEVI wife of Sri Ravindra Sharma Resident of
village- Sudama Nagar, Ward No. 08, P. S.-Bairiya, District- West
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharad Kumar Verma, Advocate
Mr. Hemant Ray, Advocate
For the Opposite Party/s : Mr. Braj Kishore Pd.(App), APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 118(1), 109(1), 76, 303(2), 352, 351(2) and 3(5) of the
BNS, 2023.
3. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.85677 of 2025(2) dt.27-01-2026
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petitioners are persons with clean antecedent and petitioner no.
6 is a woman and the informant alleges that on 24.08.2025 his
neighbour Phulena was cutting his banana tree, on objection the
accused persons including the petitioners started abusing him
and Baliram assaulted him by dabia causing injury on head,
thereafter Ravindra, Phulena and Rohit with lathi assaulted him
on his chest, left hand and all over the body respectively and
when his wife came to save him, Shivpujan caught her and
Ranjit assaulted her by rod causing injury on head while Usha
and Shivpujan dashed his wife to the ground and Baliram tore
her cloths and Phulena snatched her mangalsutra.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant, it is next submitted that on account of dispute
relating to cutting of banana tree, the occurrence is alleged to
have taken place. It is further submitted that there is a dispute
relating to the land in between the side of the petitioners and the
informant. It is also submitted that no doubt petitioners are
alleged to have assaulted the informant and his wife, but then
from perusal of Annexure-3 series, it would manifest that
injuries suffered by the injured have been opined to be simple in
nature. It is next submitted that petitioners are not criminals and
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will not abscond rather will cooperate in the investigation to
prove their innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Bairiya
P.S. Case No. 388 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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