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Patna High Court

BALIRAM SHARMA @ Baliram Kumar SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • BNS, 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 76
  • BNSS — s. 482(2)

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
                 ======================================================
           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
            Patna High Court CR. MISC. No.85677 of 2025(2) dt.27-01-2026
                                                        3/3




                      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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