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Patna High Court

Jhuni Sharma @ Jhunnu Sharma @ Jhuna SharmaversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Anticipatory bail is granted to petitioner 2 and denied to petitioner 1.

Summary

The petitioners, Jhuni Sharma and Gajendra Sharma, sought anticipatory bail after being implicated in a violent incident arising from a long‑standing land dispute, where the informant was attacked with weapons and acid. The FIR (Gopalpur PS Case No. 82 of 2025) charged them under multiple sections of the Bhartiya Nyaya Sanhita, 2023, including assault with a sharp weapon that resulted in the informant’s finger amputation. The petitioners argued that a prior counter‑case (Gopalpur PS Case No. 81 of 2025) existed and that the injury caused by petitioner 2 was simple. The court noted the seriousness of petitioner 1’s assault causing amputation, while deeming petitioner 2’s injury minor, and considered the ongoing land dispute. Consequently, the court granted anticipatory bail to petitioner 2 subject to a bail bond and sureties, but denied anticipatory bail to petitioner 1.

Issues considered

  • Whether anticipatory bail should be granted to petitioner 1 who allegedly assaulted the informant with a sharp weapon causing amputation.
  • Whether anticipatory bail should be granted to petitioner 2 who allegedly caused a simple head injury to the informant.

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • assault with deadly weapon
  • Bhartiya Nyaya Sanhita
  • Section 482
  • injury
  • counter case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8854 of 2026
                  Arising Out of PS. Case No.-82 Year-2025 Thana- GOPALPUR District- West Champaran
                 ======================================================
           1.     Jhuni Sharma @ Jhunnu Sharma @ Jhuna Sharma S/O Late Rambelash
                  Sharma R/O Village- Jhakhra, P.S- Gopalpur, Dist.- West Champaran.
           2.    Gajendra Sharma @ Bulet Sharma @ Bullet S/O Hira Sharma R/O Village-
                 Jhakhra, P.S- Gopalpur, Dist.- West Champaran.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bashisth Narain Mishra
                                                 Mr. Sachida Nand Rai
                                                 Mr.Brij Kishor Mishra
                 For the Opposite Party/state:   Mr.Anish Chandra, APP
                 For the informant        :      Mr. Anurag Rishu, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   27-04-2026                   1. Heard the parties.

                                 2. The petitioners apprehend their arrest in connection

                   with      Gopalpur P.S. Case No. 82 of 2025 dated 29.05.2025

                   registered under Section 126(2), 115(2), 118(1), 109, 352,

                   124(1), 351(2), 329(3), 329(4), 303(2), 3(5) of the Bhartiya

                   Nyaya Sanhita 2023.

                                 3. As per the F.I.R. on 26.05.2025 at about 7:30 P.M.

                   while the informant was filling up soil upon earth in his house,

                   the petitioners and other accused persons came with various

                   weapons and acid, started abusing the informant and upon

                   protest the petitioner no. 1 assaulted him with ‘Bakhua’ (sharp
Patna High Court CR. MISC. No.8854 of 2026(3) dt.27-04-2026
                                            2/3




          cutting weapon) due to which his left hand finger sustained cut

          injury and the petitioner no. 2 hit on the head of the informant

          by means of ‘farsa’.

                       4. Mr. Bashisth Narain Mishra, learned counsel

          appearing for the petitioners submits that both the parties are

          neighbours and there is long standing land dispute between

          them. A counter case has been lodged by the side of the

          petitioners against the informant and others bearing Gopalpur

          P.S. Case No. 81 of 2025 which is prior in time. The side of the

          petitioners has also sustained injury including the petitioner no.

          1 which would be evident from the supplementary affidavit filed

          by the petitioners. All the accused persons from the informant

          side have got anticipatory bail by a Coordinate Bench of this

          court in Cr. Misc No. 68971 of 2025. The injury caused by the

          petitioner no. 2 to the informant is simple in nature.

                       5. Mr. Anurag Rishu, learned counsel for the

          informant vehemently opposed the prayer for anticipatory bail

          and submits that petitioner no. 1 brutally assaulted the informant

          by means of sharp cutting weapon due to which his index finger

          was amputated.

                       6. Regard being had to the submission made by the

          parties, taking into consideration the nature of dispute, the fact
               Patna High Court CR. MISC. No.8854 of 2026(3) dt.27-04-2026
                                                           3/3




                         that there is land dispute going on between the parties, case and

                         counter case is there and the injury caused by the petitioner no.

                         2 is simple in nature, accordingly, I am inclined to grant

                         anticipatory bail to the petitioner no. 2.

                                      7. Let the petitioner no. 2 , above named, be released

                         on anticipatory bail in the event of arrest or surrender before the

                         court below within a period of four weeks from today on

                         furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

                         two sureties of the like amount each to the satisfaction of Shri

                         Sarvar Ansari, learned Judicial Magistrate-First Class, Bettiah,

                         District- West Champaran in connection with Gopalpur P.S.

                         Case No. 82 of 2025 subject to the condition as laid down under

                         Section 482 (2) of the B.N.S.S. 2023.

                                      8. Insofar the petitioner no. 1 (Jhuni Sharma @

                         Jhunnu Sharma @ Jhuna Sharma) is concerned, he assaulted

                         the informant by sharp cutting weapon causing amputation of

                         left index finger, accordingly, I am not inclined to grant

                         anticipatory bail to the petitioner no. 1. The same is rejected.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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