Patna High Court
Motilal SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita.
Summary
The petitioners, Motilal Sharma and Shamim Mian, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bhartiya Nyaya Sanhita and Section 27 of the Arms Act. They contended that the FIR only implicates Motilal as an order‑giver with no overt act, and Shamim merely as a mob member, while the specific charge of firing was against another accused. The State opposed the bail application. The court examined the allegations, the petitioners' clean antecedents, and the nature of the offences. It concluded that anticipatory bail could be granted subject to monetary sureties and conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita. Consequently, the petitioners were ordered to be released on bail if arrested within eight weeks, upon furnishing the stipulated bonds and sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the alleged offences.
- Whether the allegations in the FIR constitute sufficient grounds to deny bail.
- Whether the petitioners' clean antecedent and alleged roles justify bail.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nagrik Suraksha Sanhita — s. 482
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- criminal procedure
- bail conditions
- clean antecedent
- mob participation
- arms act
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86027 of 2025
Arising Out of PS. Case No.-95 Year-2025 Thana- Banuchhapar District- West Champaran
======================================================
1. Motilal Sharma son of Late Harilal Sharma Resident of Village -Tiwari Tola
Auraiya ward No 1, PS -Banuchhapar, Distt -West Champaran
2. Shamim Mian @ Shamim Alam son of Manjar Mian Resident of Village
-Tiwari Tola Auraiya ward No 1, PS -Banuchhapar, Distt -West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Khushi Awadh, Adv.
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-01-2026 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 offence under Sections 126(2), 115(2), 109,
352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita and Section
27 of the Arms Act.
3. Learned counsel for the petitioners submits that as
per F.I.R. itself, petitioner no. 1 is only alleged to be order-giver,
whereas there is no allegation of overt act against petitioner no.
2 and he is only alleged to be member of the mob. Specific
allegation of firing upon informant is against co-accused Guddu
Sharma. Petitioners claim clean antecedent.
Patna High Court CR. MISC. No.86027 of 2025(2) dt.07-01-2026
2/2
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
5. In the facts and circumstances of the case, let the
above named petitioners, in the event of their arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Bettiah, West Champaran in
connection with Banuchhapar P.S. Case No. 95 of 2025, subject
to condition as laid down under Section 482 of the Bhartiya
Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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