Patna High Court
Yogendra SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
Bail was granted to the petitioners on the condition of a bond and compliance with stipulated conditions.
Summary
The petitioners, Yogendra Sharma and Choudhary Sharma, were arrested in connection with an alleged arson and assault case (Anandpur PS Case No. 02 of 2024) involving the burning of two JCB machines, a tractor, and a fire‑fighting vehicle, and assaulting an informant and home guards. They sought bail, contending that they were innocent, had no criminal antecedent, and were implicated merely because of their residence, while also pointing to a prior case they had filed against the State. The State opposed bail, arguing that the petitioners were named in the FIR and could not escape liability. The Court noted the clean antecedent of the petitioners, the submission of the charge sheet, the lack of any likelihood of evidence tampering, and the fact that co‑accused in identical circumstances had already been granted bail. Accordingly, the Court granted bail to both petitioners on a bond of Rs. 10,000 with two sureties and imposed conditions regarding trial cooperation and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to accused persons charged under IPC sections 353, 335, 427, 332, 333 and 34.
- Whether the petitioners pose a risk of tampering with evidence or influencing witnesses.
- Whether the clean antecedent and the fact that co‑accused in identical cases were granted bail warrant the same relief.
Legislation cited
- Indian Penal Code — s. 332, 333, 335, 34, 353, 427
Subjects
- bail
- arson
- assault
- Indian Penal Code
- criminal procedure
- parity
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88137 of 2025
Arising Out of PS. Case No.-2 Year-2024 Thana- Anandpur District- Banka
======================================================
1. Yogendra Sharma son of Late Bikho Sharma Resident of Village-Ranadih
Mohandih, Police Station-Anandpur, District-Banka
2. Choudhary Sharma S/O Late Loko Sharma Resident of Village-Ranadih
Mohandih, Police Station-Anandpur, District-Banka
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Nurul Hoda, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners seek bail in connection with
Anandpur P.S. Case No. 02 of 2024 registered for the offences
punishable under Sections 353, 335, 427, 332, 333 & 34 of the
Indian Penal Code.
3. As per prosecution case, the petitioners along
with other co-accused persons are said to have set fire to two
JCB machines and one tractor. When the informant and home
guards attempted to extinguish the fire using a fire-fighting
vehicle, the petitioners and co-accused persons also set the fire-
fighting vehicle on fire. It is further alleged that the co-accused
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persons assaulted the informant and other home guards.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have not committed any offence
as alleged in the F.I.R. It is further submitted that there is a case
and counter-case between the parties and that the petitioners’
side had instituted the earlier case against the opposite party. It
is further submitted that the F.I.R. has been instituted against
twelve named and fifteen unknown persons, who were
protesting the death of a child allegedly caused due to the
negligence of State officials. Learned counsel submits that
merely because the petitioners are residents of the locality, they
have been implicated in the present case. Petitioners are in
custody since 21.09.2025. Apart from that petitioners having no
criminal antecedent. Charge sheet has been submitted in the
case and there is no likelihood of tampering with the
prosecution evidence. On similar and identical allegation co-
accused Shankar Sharma @ Shankar Rana and two others have
already been granted bail by the co-ordinate Bench of this Court
vide Cr. Misc. No. 46780 of 2024 and on the principle of parity
the petitioners also deserves same treatment.
5. The learned A.P.P. for the State vehemently
opposed the prayer for bail of the petitioners and submitted that
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the petitioners are FIR named accused and they cannot escape
from the allegation made in the FIR.
6. Considering the facts and circumstances of the
case, period of custody, on similar and identical allegation co-
accused persons have already been granted bail, keeping in view
clean antecedent of petitioners, charge sheet has been submitted
in the case and there is no likelihood of tampering with the
prosecution evidence, argument advanced on behalf of both
sides and also taking into consideration the material available on
record, let the petitioners above named be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned C.J.M., Banka in connection with Anandpur P.S. Case
No. 02 of 2024, subject to following conditions:-
(i) One of the bailors shall be either father or
mother or sister or brother or wife or the person who has sworn
the affidavit in bail application.
(ii) Petitioners will co-operate in trial and will
remain present on all dates and absence for two consecutive
dates without appropriate permission, would be a ground for
cancellation of bail by the learned Trial court itself.
(iii) If the petitioners tamper with the evidence
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orpetitioner the witnesses, in that case, the prosecution will be at
liberty to move for cancellation of bail.
(Alok Kumar Pandey, J)
Nilmani/-
U T
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