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Patna High Court

Shinu Sharma @ Ankush SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Shinu Sharma, a 21‑year‑old, was arrested in connection with Bypass P.S. Case No. 167 of 2025 for offences under Sections 64, 381(4), 123, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023. He sought regular bail, contending that he has no prior criminal record, the allegations stem from a delayed FIR concerning a purported relationship with the informant, and the investigation has been completed. The State opposed the bail application. The Court, considering the petitioner’s young age, lack of antecedents, completion of investigation and the period already spent in custody, decided to grant bail on a bond of Rs. 20,000 with two sureties. The order releases the petitioner pending trial.

Issues considered

  • Whether regular bail should be granted to the accused in light of the nature of the offences under the Bharatiya Nyaya Sanhita, the delay in filing the FIR, and the completion of investigation.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 64
  • Section 381(4)
  • Section 123
  • Section 351(2)
  • Section 351(3)
  • young accused
  • investigation completed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86726 of 2025
                         Arising Out of PS. Case No.-167 Year-2025 Thana- BYPASS District- Patna
                 ======================================================
                 Shinu Sharma @ Ankush Sharma S/O Ashok Sharma R/O Bedauli, P.S-
                 Masaurhi, Distt.- Patna.
                                                                   ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Mr. Ranjit Kumar, Advocate
                 For the State             :       Mr. Suresh Pd. Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   09-01-2026                          Heard Mr. Ranjit Kumar, learned counsel for the

                   Petitioner and Mr. Suresh Pd. Singh, learned APP for the State.

                                  2. Petitioner seeks regular bail in connection with

                   Bypass P.S. Case No. 167 of 2025 dated 08.04.2025 registered

                   for the offences punishable under Sections 64, 381(4), 123,

                   351(2) and 351(3) of Bharatiya Nyaya Sanhita, 2023.

                                 3. The main submissions advanced by the petitioner’s

                   counsel are that the petitioner is a 21-year-old young boy,

                   languishing in jail since 10.04.2025, having no criminal

                   antecedent, the informant has made the allegation that the

                   petitioner established a physical relationship with her on pretext

                   of marrying her, but the said allegation is completely

                   unbelievable, as per the informant’s allegation, the relationship

                   was established in the year 2022 but the FIR was registered by

                   the informant in the month of April 2025, and there is no
           Patna High Court CR. MISC. No.86726 of 2025(2) dt.09-01-2026
                                                       2/2




                     plausible explanation as to why the informant remained silent

                     for such a long period and the informant is a major girl. It is

                     lastly submitted that the investigation against the petitioner has

                     been completed.

                                  4. Learned APP for the State has opposed the prayer

                     for bail of the petitioner.

                                  5. Considering the petitioner’s young age, his

                     educational career, and the completion of the investigation

                     against him, coupled with his custody period, this Court is

                     inclined to release him on bail. Accordingly, let the petitioner

                     named-above be released on bail on furnishing bail bond of Rs.

                     20,000/- (Rupees Twenty Thousand) with two sureties of the

                     like amount each to the satisfaction of the concerned Court in

                     connection with Bypass P.S. Case No. 167 of 2025.



                                               (Shailendra Singh, J)

maynaz/-

U     T


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