Patna High Court
Dinesh SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The petitioners are entitled to regular bail in the case.
Summary
Dinesh Sharma and Vinesh Sharma were arrested in connection with a case registered under section 303(2) of the Bihar Narcotic Substances Act, based primarily on the confessional statement of co‑accused Prince Kumar. The petitioners have been in custody since 10 October 2025 and claim that the alleged stolen articles recovered from their tractor spare‑parts shop were received bona‑fide in the ordinary course of business. They have one prior criminal antecedent but were previously granted bail in that matter. The State opposed the bail application, arguing the seriousness of the offence. The Court, after considering the length of detention, the nature of the evidence and the petitioners’ circumstances, decided that regular bail was appropriate. Accordingly, the petitioners were ordered to be released on bail upon furnishing a bond of Rs 20,000 each with two sureties of the same amount.
Issues considered
- Whether regular bail should be granted to the accused under section 303(2) of the Bihar Narcotic Substances Act given the circumstances of the case.
Legislation cited
- Bihar Narcotic Substances Act — s. 303(2)
Subjects
- regular bail
- section 303(2)
- Bihar Narcotic Substances Act
- confessional statement
- stolen articles
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86088 of 2025
Arising Out of PS. Case No.-488 Year-2025 Thana- MIRGANJ District- Gopalganj
======================================================
1. Dinesh Sharma Son of Late Mahesh Sharma Resident of Village - Sawreji,
P.S.- Mirganj, District - Gopalganj, Bihar - 841438.
2. Vinesh Sharma Son of Late Mahesh Sharma Resident of Village - Sawreji,
P.S.- Mirganj, District - Gopalganj, Bihar - 841438.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akshay Ashish, Adv.
For the Opposite Party/s : Mr.Kumar Veerendra Narayan, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 09-01-2026 Heard Mr. Akshay Ashish, learned counsel for the
petitioners and Mr. Kumar Veerendra Narayan, learned APP for
the State.
2. Petitioners seek regular bail in connection with
Mirganj P.S. Case No. 488 of 2025 dated 07.10.2025 registered
for the offence punishable under section 303(2) of the BNS Act.
3. The main submissions advanced by the petitioner’s
counsel are that the petitioners have been languishing in jail
since 10.10.2025 though against the petitioners there is one
criminal antecedent but they have been granted bail in the said
case the petitioners have been made accused in this case only on
the basis of the confessional statement of co-accused Prince
Patna High Court CR. MISC. No.86088 of 2025(2) dt.09-01-2026
2/2
Kumar which allegedly led to the recovery of stolen articles
from the petitioners’ shop but against the petitioners there is
simple allegation of having received the said stolen articles, in
fact, petitioners run a tractor spare-parts shop and bonafidely
received the alleged stolen articles, in the course of business.
4. Learned APP for the State has opposed the bail
prayer of the petitioners.
5. Considering the facts and circumstances of the
case as well as averments made in the petition and the
petitioners’ custody period, this Court is inclined to release the
petitioners on bail. Accordingly, let the petitioners named-above
be released on bail on furnishing bail bond of Rs.20,000/-
(Rupees Twenty Thousand) each with two sureties of the like
amount each to the satisfaction of the Court concerned in
connection with Mirganj P.S. Case No. 488 of 2025.
(Shailendra Singh, J)
siddharthkr/-
U T
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