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Patna High Court

Abhishekh Sharma @ Abhishek KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.87921 of 2025(6) dt.30-04-2026
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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
Patna High Court CR. MISC. No.87921 of 2025(6) dt.30-04-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.87921 of 2025(6) dt.30-04-2026
                                                       4/4




                     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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