Patna High Court
Amresh Kumar Das Sharma @ Amresh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
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
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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
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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
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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
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