Patna High Court
Nirbhay Kumar @ Nirbhay SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted regular bail to the petitioners subject to bond and surety conditions.
Summary
The petitioners, Nirbhay Kumar and Sunil Kumar, were charged under IPC sections 341, 323, 302, 504, 506 and 34 for allegedly assaulting the elder brother of an informant, resulting in his death. The incident arose from a land dispute between neighbours. The petitioners have been in custody since 27‑11‑2024 and this is their third application for regular bail, having been denied earlier. The prosecution has completed examination of all its witnesses and the trial is pending only the defence witnesses, with no indication of flight risk. Considering the advanced stage of the trial and the absence of any flight risk, the Court granted regular bail to the petitioners subject to a bond of Rs.10,000 and sureties, with conditions to appear before the trial court on every date.
Issues considered
- Whether regular bail can be granted to accused persons charged with murder and other serious offences at a stage when prosecution evidence is largely completed
- Whether the petitioners pose a flight risk or threat to the trial process
Legislation cited
- Indian Penal Code — s. 302, 323, 34, 341, 504, 506
Subjects
- regular bail
- bail application
- IPC
- murder
- assault
- flight risk
- trial stage
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87486 of 2025
Arising Out of PS. Case No.-49 Year-2023 Thana- KARPI District- Jehanabad
======================================================
1. Nirbhay Kumar @ Nirbhay Sharma S/o Late Khargu Singh R/o Vill- Shiv
Nagar, P.s.- Karpi, Distt- Arwal
2. Sunil Kumar @ Anil S/o Late Khargu Singh R/o Vill- Shiv Nagar, P.S.-
Karpi, Distt- Arwal
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar
For the Opposite Party/state : Mr.Abhay Kumar, APP
For the informant : Ms. Shyamli Kumari, Advocate
Mr. Shashank Shekhar, Advocate
Mr. Ayushi Gupta, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 30-01-2026 1. Heard the parties.
2. The petitioners have renewed their prayer for regular bail
in connection with Karpi P.S. Case No. 49 of 2023 dated
16.02.2023 registered for the offence punishable under section
341, 323, 302, 504 , 506 / 34 of the I.P.C.
3. This is third attempt for regular bail on behalf of the peti-
tioners inasmuch as their prayer for regular bail was earlier
refused by this Court vide order dated 04.03.2025 passed in Cr.
Misc. No. 2455 of 2025 & 19822 of 2025.
4. As per the prosecution case on 15.02.2023 at about 5:00
P.M. the elder brother of the informant namely Upendra Sharma
Patna High Court CR. MISC. No.87486 of 2025(3) dt.30-01-2026
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came out of his house for taking milk and no sooner than he
reached near the house of one Munna Kumar there petitioners
and other accused persons armed with iron rod, lathi, danda
attacked the elder brother of the informant. It has been alleged
that petitioners along with other accused persons assaulted the
elder brother of the informant on his head by lathi due to which
he succumbed to the injuries.
5. Learned counsel for the petitioners submits that the alle-
gation against the petitioners is general and omnibus in nature
and as per the F.I.R. assault was allegedly made by petitioners
by ‘lathi’ and not by iron rod. Both the parties are neighbours
and there is land dispute between them. The petitioners are in
custody since 27.11.2024 .
6. On the other hand, learned counsel for the informant
opposed the prayer for bail and submits that petitioners along
with other accused persons brutally assaulted the brother of the
informant leading to his death. The trial has almost completed
and all the prosecution witnesses have been examined and the
prosecution has closed its evidence. The case is fixed for
defence witness. The trial is likely to be concluded within a
short span of time.
7. Regard being had to the submissions made by the parties,
Patna High Court CR. MISC. No.87486 of 2025(3) dt.30-01-2026
3/3
taking into consideration the fact the all prosecution witnesses
have been examined, trial is fixed for examination of defence
witness, if any, and there is no flight risk of the petitioners,
accordingly, I am inclined to grant regular bail to the petitioners.
8. Let the petitioners, above named, be released on regular
bail on furnishing bail bond of Rs.10,000 /- (rupees ten thou-
sand) each with two sureties of the like amount each to the satis-
faction of learned D.A.J.-IInd, Arwal in connection with
Sessions Trial No. 226 / 2025 arising out of Karpi P.S. Case No.
49 of 2023 subject to the condition that the petitioners shall
remain present before the trial court on each and every date and
in case of default on two consecutive dates without prior
permission of the trial court, their bail bond shall liable to be
cancelled.
(Anil Kumar Sinha, J)
praful/-
U T
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