Patna High Court
Rambabu Sharma @ Rambabu Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was granted to petitioner no.1, Rambabu Sharma, and denied to petitioner no.2, Jiuat Sharma.
Summary
The petitioners, Rambabu Sharma and Jiuat Sharma, sought anticipatory bail in connection with a police case (No. 450 of 2025) alleging offences under several sections of the Indian Penal Code, including assault and rioting. The informant claimed that Rambabu assaulted him with a gandasa, while Jiuat assaulted the informant's brother, resulting in injuries. The court noted that the injury to the informant was simple, whereas the injury to the brother was grievous, and that Rambabu had no prior criminal record. Consequently, the court rejected Jiuat Sharma's anticipatory bail application but granted bail to Rambabu Sharma with stringent conditions. The order directs Rambabu to furnish bail bonds, appear before the trial court and police regularly, and refrain from tampering with evidence or committing further offences.
Issues considered
- Whether anticipatory bail should be granted to petitioner no.1 (Rambabu Sharma) given the nature of the alleged injury and his lack of criminal antecedent.
- Whether anticipatory bail should be denied to petitioner no.2 (Jiuat Sharma) in view of the grievous injury alleged against him.
- Whether the conditions imposed on the grant of anticipatory bail are appropriate under law.
Legislation cited
- Indian Penal Code — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- assault
- grievous injury
- simple injury
- criminal antecedent
- Indian Penal Code
- high court order
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90653 of 2025
Arising Out of PS. Case No.-450 Year-2025 Thana- TURKAULIYA District- East
Champaran
======================================================
1. Rambabu Sharma @ Rambabu Kumar Sharma S/o Jiuat Sharma Resident of
-Turkauliya Sharma Tola, P.S - Turkauliya, District - East Champaran,
Motihari
2. Jiuat Sharma S/o Late Baldeo Sharma Resident of -Turkauliya Sharma Tola,
P.S - Turkauliya, District - East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
: Ms. Isha Mishra, Advocate
: Mr. Dhandev Kumar, Advocate
For the State : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 15-01-2026 Heard Ms. Isha Mishra, learned counsel for the
petitioner and learned APP representing the State.
2. The petitioners are apprehending their arrest in
connection with Turkauliya P.S. Case No. 450 of 2025
registered for the offence under Sections 126(2), 115(2), 118(1),
117(2), 109, 303(2), 351(2), 352 and 3(5) of the B.N.S., lodged
on 11.09.2025 by the informant, Ramprasad Sharma.
3. As per the prosecution story, the informant alleged
that on the issue of construction of PCC road, firstly petitioner
no.1, Rambabu Sharma abused, though the locals intervened
and the matter was resolved, later armed variously, the accused
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came and allegation is that they assaulted the informant side.
Specific allegation is against Rambabu Sharma @ Rambabu
Kumar Sharma, petitioner no.1, that he gave Gandasa blow on
the head of the informant and when his brother Shivpujan
Sharma came to rescue was assaulted by Jiuat Sharma. Futher
allegation is against other also, this led to the F.I.R.
4. Learned counsel for the petitioner submits that the
injury report shows that the injury sustained by the informant
has been found to be simple in nature.
5. Learned APP Mr. Bharat Bhushan, on the other
hand opposes the prayer submits that a perusal of the second
injury report would show that the injury sustained inflicted by
the petitioner no.2, Jiuat Sharma to Shivpujan Sharma have
been found to be grievous in nature.
6. Considering the submissions of the parties and the
allegation that has come against petitioner no.2, Jiuat Sharma,
his anticipatory bail application stands rejected.
7. So far as the petitioner no.1, Rambabu Sharma @
Rambabu Kumar Sharma is concerned though allegation of
assault is there, the injury has been found to be simple in nature,
he do not have criminal antecedent, in that background, this
Court is inclined to extend petitioner no.1, Rambabu Sharma @
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Rambabu Kumar Sharma the privilege of anticipatory bail.
8. Let the petitioner no.1, Rambabu Sharma @
Rambabu Kumar Sharma be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) each with two sureties of like amount each to the
satisfaction of learned Judicial Magistrate, 1st Class, East
Champaran, Motihari, in connection with Turkauliya P.S. Case
No. 450 of 2025 subject to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner no.1, Rambabu Sharma @
Rambabu Kumar Sharma who shall provide official document
(Aadhar Card/Voter Id/Driving License/Pan Card) to show
his/her bona fide;
(ii) the petitioner no.1, Rambabu Sharma @ Rambabu
Kumar Sharma shall appear on each and every date before the
Trial Court and failure to do so for two consecutive dates
without plausible reason will entail cancellation of their bail
bond by the Trial Court itself;
(iii) the petitioner no.1, Rambabu Sharma @
Rambabu Kumar Sharma shall appear before the concerned
police station every month for next six months to mark their
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attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(iv) the petitioner no.1, Rambabu Sharma @
Rambabu Kumar Sharma 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 bonds;
(v) the petitioner no.1, Rambabu Sharma @ Rambabu
Kumar Sharma shall desist from committing any criminal
offence again, failing which the State shall be at liberty to take
steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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