Patna High Court
Abhishekh Sharma @ Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Abhishekh Sharma, was arrested on 3 October 2025 in connection with a case alleging assault, grievous hurt and other offences under several sections of the Bihar Negotiable Statutes (BNS). The prosecution alleged that Sharma, armed with a knife, attacked an informant’s daughter, causing severe injuries. The petitioner claimed a clean antecedent, asserted that the FIR was fabricated as retaliation for a prior case he filed, and pointed to a compromise petition filed earlier, noting that a co-accused had already been granted bail. The Additional Public Prosecutor opposed bail, emphasizing the seriousness of the injuries and specific allegations against Sharma. The court, after considering the petitioner’s clean record and the compromise, granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, appearance, and non‑tampering with evidence, while allowing verification of antecedent to proceed.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the BNS.
- Whether the petitioner’s claim of a fabricated FIR and clean antecedent warrants bail.
- Whether the existence of a compromise petition and bail granted to a co‑accused affect the bail decision.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109, 118(1), 126(2), 3(5), 351(2), 352, 78
Subjects
- bail
- criminal procedure
- grievous hurt
- assault
- compromise petition
- clean antecedent
- BNS
- sections 126, 118, 352, 109, 351, 78, 3(5)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87921 of 2025
Arising Out of PS. Case No.-733 Year-2025 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Abhishekh Sharma @ Abhishek Kumar S/O Kanhaiya Sharma Resident of
village - Amwa Dumria, Police Station - Gopalganj Town, District -
Gopalganj,Bihar
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Pratyush, Advocate
: Ms. Tooba Hera, Advocate
: Mr. Thakur Brajesh Singh, Advocate
For the Opposite Party/s : Mr. Bharat Lal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
6 30-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
03.10.2025 in connection with Gopalganj Town P.S. Case No.
733 of 2025 for the offences punishable under Sections 126(2),
118(1), 352, 109, 351(2), 78 and 3(5) of BNS.
3. The prosecution story, in brief, is that on 01.10.2025
at around 04:00 pm informant along with her daughter Sharda
Kumari went to see the Durga Puja fair. While returning home,
when they reached near Konha more at 07:52 pm, one
Abhishekh Sharma and Mohan Sharma both residents of Amwa
Dumaria started following them on their motorcycle and then
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forcibly caught hold them and tried to make them sit on their
motorcycle. When the informant objected, both of them abused
and threatened to kill the informant. Immediately, Abhishekh
Sharma who had a knife in his hand, with an intention to kill
assaulted the informant's daughter on her head and she started
bleeding and further assaulted her with knife on various parts of
the body including back and both hands, causing severe injuries.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and is innocent and he has
falsely been implicated in the present case. It is further
submitted that the allegation as alleged in the FIR is forged and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. It is next submitted that the present case is a
counterblast of Gopalganj Town P.S. Case No. 779 of 2024 filed
on behalf of the petitioner against the informant and their family
members. It is further submitted that in the aforesaid case, the
petitioner was brutally assaulted by one Munna Kumar, son of
the informant, thereafter, Gopalganj Town P.S. Case No. 779 of
2024 has been instituted. It is also submitted that both the
parties have filed a compromise petition dated 02.03.2026
before the learned Chief Judicial Magistrate, Gopalganj and for
the same set of allegation co-accused Mohan Sharma has been
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granted bail by the learned court below and the police after
investigation has submitted charge-sheet and the petitioner is in
custody since 03.10.2025.
5. The learned Additional Public Prosecutor for the
State, on the other hand, has vehemently opposed the prayer for
bail of the petitioner and submits that there is direct and specific
allegation against the petitioner and the injured person have
received injury which is grievous in nature.
6. Considering the aforesaid facts and circumstances
and that petitioner has clean antecedent, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Purnia in connection with Gopalganj Town P.S. Case No. 733 of
2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be canceled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
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move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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