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Patna High Court

Deepu SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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