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Patna High Court

Amresh Kumar Das Sharma @ Amresh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner with specified conditions.

Summary

The petitioner, Amresh Kumar Das Sharma, was implicated in a police case alleging that he fired a pistol during a dispute over a monetary due, leading to a scuffle in which a gold chain was allegedly taken. The FIR also charged him under several sections of the Bihar Negotiable (B.N.S.) Act and the Arms Act. The petitioner contended that the allegations were false, the offences were bailable except for the Arms Act charge, and he had no criminal antecedent, seeking anticipatory bail. The State opposed the bail, citing the seriousness of the arms charge. The court noted the absence of incriminating material recovered from the petitioner, his clean record, and the existence of a counter‑case, and therefore granted anticipatory bail subject to conditions under Section 482(2) of the B.N.S.S. 2023.

Issues considered

  • Whether anticipatory bail should be granted despite charges under the Arms Act and other sections of the B.N.S.
  • Whether the petitioner’s clean antecedent and lack of recovered incriminating evidence justify bail
  • Whether the nature of the alleged offences is bailable
  • Whether conditions under Section 482(2) of the B.N.S.S. 2023 can be imposed on anticipatory bail

Legislation cited

  • Arms Act — s. 25(1-B)(a), 26
  • B.N.S. — s. 115(2), 126(2), 303(2), 351(2), 352, 482(2)

Subjects

  • anticipatory bail
  • Arms Act
  • bailable offences
  • clean antecedent
  • Section 482(2)
  • counter case
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8857 of 2026
                        Arising Out of PS. Case No.-336 Year-2025 Thana- RAJAON District- Banka
                 ======================================================
                 Amresh Kumar Das Sharma @ Amresh Kumar S/o- Ram Das Sharma
                 Resident of village - Khiddi, P.S. Rajoun, District - Banka.
                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Md Shahbaz Yusuf, Adv.
                 For the Opposite Party/s :       Mr.Sanjay Kumar Singh,APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   17-02-2026                      Heard Mr. Md. Shahbaz Yusuf, learned counsel for

                   the petitioner and the learned APP for the State.

                                2. This application for grant of anticipatory bail arises

                   out of Rajoun Police Station Case No. 336 of 2025 dated

                   02.09.2025, disclosing the offence under Sections 126(2),

                   115(2), 303(2), 352, 351(2) of the BNS and under Sections

                   25(1-B) (a), 26, of the Arms Act lodged by the informant,

                   Nikunj Kumar.

                                    3. As per the prosecution case, the informant has

                   alleged that the petitioner had due of Rs. 3045/- for taking milk

                   from the informant and when the informant asked for his due,

                   the petitioner made a fire by means of a country made pistol.

                   Thereafter, father of the informant intervened, snatched the

                   pistol from the petitioner and threw the same into a nearby

                   pond, during course of which, scuffle took place and the
Patna High Court CR. MISC. No.8857 of 2026(2) dt.17-02-2026
                                            2/4




          petitioner allegedly, snatched the gold chain of the informant

          and fled away. Accordingly, the present FIR.

                        4. Learned counsel for the petitioner submits that the

          petitioner has not committed any offence as alleged in the FIR

          and he has falsely been implicated in this case due to enmity.

          He further submits that the allegations against this petitioner for

          which the instant FIR is lodged, are bailable in nature and save

          and except the case registered under the Arms Act, for which the

          nature of allegation levelled cannot be attributed to this

          petitioner, as the petitioner is a studious person and preparing

          for appearing in the Railway examination for the post of

          Assistant Loco Pilot which is scheduled to be held in March,

          2026. He further submits that there is a case and counter case

          between the parties for the same incident bearing Complaint

          Case No. C-1483 of 2025 filed by the petitioner’s father against

          the informant of the present case. The petitioner has got clean

          antecedent and he is ready to abide by all the conditions as

          imposed by the Court.

                           5. On the other hand, learned APP opposes the

          prayer for anticipatory bail of the petitioner.

                           6.     Consideration         the   fact   that   nothing

          incriminating has been recovered from the constructive
Patna High Court CR. MISC. No.8857 of 2026(2) dt.17-02-2026
                                            3/4




          possession of the petitioner, the fire arm is said to have been

          recovered from the pond nearby the informant’s poultry farm

          and there is case and counter case between the parties and the

          petitioner has got no criminal antecedent as stated in paragraph-

          3 of the petition, this Court is inclined to grant the petitioner the

          privilege of anticipatory bail.

                           7.     This application for anticipatory bail is,

          accordingly, allowed.

                           8. Let the petitioner, named above, in the event of

          his arrest or surrender before the Court below within six weeks

          from today, 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 learned Chief Judicial Magistrate,

          Banka, in connection with aforesaid Police Station Case subject

          to the condition as laid down under Section 482 (2) of the

          B.N.S.S. 2023, as well as the following conditions:-

                                                       (i) one of the bailors should
                                          be the family member/relative of the
                                          petitioner(s) who shall provide official
                                          document to show his/her bona fide;
                                                       (ii) the petitioner(s) shall
                                          appear on each and every date before
                                          the Trial Court and failure to do so for
                                          two       consecutive    dates    without
             Patna High Court CR. MISC. No.8857 of 2026(2) dt.17-02-2026
                                                         4/4




                                                       plausible           reason   will     entail
                                                       cancellation of his bail bond by the
                                                       Trial Court itself;
                                                                    (iii) the petitioner(s) shall in
                                                       no way try to induce or promise or
                                                       threat the witnesses or tamper with the
                                                       evidences, failing which the State shall
                                                       be at liberty to take steps for
                                                       cancellation of the bail
                                                                    (iv) the petitioner(s) shall
                                                       desist from committing any criminal
                                                       offence again, failing which the State
                                                       shall be at liberty to take steps for
                                                       cancellation of his/her bail bonds.



                                                     (Ajit Kumar, J)
    perwez

U      T


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