Patna High Court
Deepu SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Deepu Sharma, sought anticipatory bail after an FIR alleged that he assaulted an informant with a fist and threw acid on the informant's son. The petitioner claimed innocence, asserting that the alleged acid injury was not substantiated by the injury report and that he has a clean antecedent. The State and the informant opposed the bail application. The court considered the nature of the accusations, the lack of proven acid injury, and the petitioner's clean record. It granted anticipatory bail, directing the petitioner to surrender within eight weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations under Sections 118(1), 115(2), 126(2), 109, 124(1) and 3(5) of the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 124(1), 126(2), 3(5)
Subjects
- anticipatory bail
- acid attack
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- clean antecedent
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.879 of 2026
Arising Out of PS. Case No.-81 Year-2025 Thana- GOPALPUR District- West Champaran
======================================================
Deepu Sharma Son of Pramod Sharma Resident Of Village- Jhakhra Ward No
4 Ps -Gopalpur District - West Champaran ,bettiah
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jhunu Sharma Son of Late Belash Sharma Resident Of Village- Jhakhra Ps
-Gopalpur District - West Champaran ,bettiah
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
For the O.P. No. 2 : Mr. Sachida Nand Rai, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 118(1), 115(2), 126(2),
109, 124(1) and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., this petitioner assaulted on the head
of informant with farsa and threw acid on his son when he came
to save the informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Though
petitioner is alleged to have thrown acid but as per injury report,
no one sustained any injury from acid which itself falsifies the
Patna High Court CR. MISC. No.879 of 2026(2) dt.21-01-2026
2/2
prosecution case. Injury, allegedly, caused by the petitioner is
simple in nature. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the bail
application.
6. Considering backdrop of the case, nature of
accusation, injury and clean antecedent, this anticipatory bail is
allowed and it is ordered that let the above named petitioner in
the event of his arrest/surrender before the court below within a
period of eight weeks from today, be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Judicial Magistrate-I, West Champaran at Bettiah in connection
with Gopalpur P. S. Case No. 81 of 2025, subject to condition as
laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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