Patna High Court
Ram Deo SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioners subject to bond and conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
Ram Deo Sharma and Chandan Sharma applied for bail in a case registered under Sections 126(2), 352, 351(2), 109, 3(5) of the Bihar Narcotic and Security Act, 2023 and Section 27 of the Arms Act. They were alleged to have threatened an informant and, through a co‑accused, fired at the informant’s house, though the petitioners claim no overt act, no injury and that they are falsely implicated. The petitioners argued that the first petitioner has no prior criminal record while the second has two antecedents, and that they had not previously sought anticipatory or regular bail. The State opposed the bail. The Patna High Court, applying Section 482(2) of the B.N.S.S., 2023, granted bail on the condition of a Rs 10,000 bond with two sureties and stipulated cancellation if undisclosed antecedents or false statements are discovered.
Issues considered
- Whether bail should be granted despite the alleged offences under the B.N.S.S., 2023 and the Arms Act
- Whether the presence of an overt act or injury is necessary for bail denial
- Effect of the petitioners' criminal antecedents on bail eligibility
- Applicability of Section 482(2) of the B.N.S.S., 2023 in granting bail
Legislation cited
- Arms Act — s. 27
Subjects
- bail
- criminal antecedent
- threat
- arms act
- section 482
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89323 of 2025
Arising Out of PS. Case No.-115 Year-2025 Thana- MIRGANJ District- Purnia
======================================================
1. Ram Deo Sharma S/o- Late Sinchu Sharma, Resident of Kajara P.S.-
Mirganj, Dist- Purnea
2. Chandan Sharma S/o- Sri Ram Deo Sharma, Resident of Kajara P.S-
Mirganj, Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Anand, Advocate
For the State : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 07-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail, apprehending their arrest,
in connection with Mirganj P.S. Case No. 115 of 2025 dated
19.06.2025, registered for the offences punishable under
Sections 126(2), 352, 351(2), 109 and 3(5) of BNS, 2023 and
Section 27 of the Arms Act.
3. As per allegation, the petitioners along with other
co-accused came to the door of the informant and abused and
threatened him and the co-accused/Ravi Sharma did firing at the
door and courtyard of the house of the informant.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.89323 of 2025(3) dt.07-04-2026
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petitioners are innocent and have falsely been implicated in this
case. He further submits that there is no overt-act against the
petitioners regarding firing or intention to kill and there is no
injury to anybody as per the alleged occurrence.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioners have not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner No.1 has no criminal antecedent
and petitioner No.2 has two criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioners for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioners, above-named,
to be enlarged on bail, in the event of their arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on their
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned concerned Court Below, in connection with Mirganj P.S.
Case No. 115 of 2025, subject to the conditions as laid down
under Section 482 (2) of the B.N.S.S., 2023 and on the
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following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioners have any criminal antecedents other
than the disclosed one, learned court below shall cancel the bail
bonds of the petitioners after hearing them and getting satisfied
that the petitioners have concealed their criminal antecedents
despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the
petitioners.
(Jitendra Kumar, J.)
ravishankar/-
U T
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