Patna High Court
Jhuni Sharma @ Jhunnu Sharma @ Jhuna SharmaversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANIL KUMAR SINHA
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
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 124(1), 126(2), 303(2), 329(3), 329(4), 3(5), 351(2), 352, 482(2)
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
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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
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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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