Patna High Court
Shinu Sharma @ Ankush SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
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
- Bharatiya Nyaya Sanhita, 2023 — s. 123, 351(2), 351(3), 381(4), 64
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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