Patna High Court

Arvind SharmaversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

Anticipatory bail was denied as the facts did not justify its grant.

Summary

The petitioners, Arvind Sharma and Ajay Sharma, sought anticipatory bail fearing arrest in a case (Atri P.S. Case No. 424 of 2023) alleging murder, assault, and criminal conspiracy under Sections 302, 504, 506 and 34 of the IPC. The prosecution alleged that a land irrigation dispute led the accused, armed with weapons, to assault the informant’s husband, resulting in his death. The petitioners contended they were falsely implicated, with no specific overt act attributed to them and no prior criminal record. The State opposed bail, emphasizing the seriousness of the offences and the formation of an unlawful armed assembly. Justice Rudra Prakash Mishra held that the circumstances did not warrant anticipatory bail and rejected the petition, while allowing the petitioners to apply for regular bail upon surrender within six weeks.

Issues considered

Whether the petitioners are entitled to anticipatory bail under the circumstances of the case
Whether the nature and gravity of the alleged offences preclude the grant of anticipatory bail

Legislation cited

Indian Penal Code — s. 302, 34, 504, 506

Subjects

anticipatory bail
criminal procedure
IPC sections 302, 504, 506, 34
unlawful assembly
land dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88519 of 2025
                          Arising Out of PS. Case No.-424 Year-2023 Thana- ATRI District- Gaya
                 ======================================================
           1.     Arvind Sharma S/o Barho Sharma R/o Village - Malbigha, P.S.- Atri, District
                  - Gaya
           2.    Ajay Sharma S/o Munarik Sharma R/o Village - Malbigha, P.S.- Atri,
                 District - Gaya



                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prithivi Raj Singh, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Atri P.S. Case No. 424 of 2023 instituted for the offences

                   under Sections 302, 504, 506, 34 of the Indian Penal Code.

                                3. Prosecution case, in short, is that due to a dispute

                   over irrigation of land, the accused persons including the

                   petitioners allegedly came armed with lathi, danda, khanti and

                   iron rod, abused and assaulted the informant’s husband, causing

                   his death.
Patna High Court CR. MISC. No.88519 of 2025(2) dt.15-01-2026
                                            2/3




                      4. Learned counsel for the petitioners submitted that

          the petitioners have falsely been implicated in the present case.

          Learned counsel for the petitioners submitted that general and

          omnibus allegation has been made against the petitioners. No

          specific overt act is alleged against the petitioners. It has been

          submitted on behalf of the petitioners that the petitioners have

          no criminal antecedent.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioners. It is

          further submitted that the occurrence arose out of a land

          irrigation dispute, wherein the accused persons including the

          petitioners, formed an unlawful assembly armed with deadly

          weapons, assaulted the deceased due to which he died and

          therefore, the petitioners do not deserve to be released on bail.

                       6. Considering the aforesaid facts and circumstances

          of the case, nature and gravity of offence, in my view, this is not

          a fit case for anticipatory bail, I am not inclined to grant

          anticipatory bail to the petitioners.

                       7. Accordingly, the prayer for grant of anticipatory

          bail to the petitioners is, hereby, rejected.

                       8. However, if the petitioners surrender before the

          learned court below within a period of six weeks from today and
           Patna High Court CR. MISC. No.88519 of 2025(2) dt.15-01-2026
                                                       3/3




                     pray for regular bail, the same shall be disposed of on its own

                     merit without being prejudiced by this order.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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