Allowed¶21

Ajit Kumar Sharma @ Ajit Kumar v. The State of Bihar

Patna HC4 Aug 2025CR. MISC./8773/2025

Case brief

AI extract

What is this about?

Anticipatory bail; murder; Bhartiya Nyaya Sanhita 2023 Sections 103, 61(2), 3(5); Paliganj P.S. Case No. 292 of 2024; F.I.R. dated 24.07.2024; Patna; land dispute; F.S.L. report — rifled firearm injury to head vs pistol allegation; five criminal antecedents; bail bond Rs. 10,000 with two sureties; conditions under Section 438(2) CrPC / Section 482(2) BNSS; cancellation of bail bond; Rajesh Kumar Verma, J; CR. MISC. No.8773 of 2025; order dated 04-08-2025.

What did the court decide?

Anticipatory bail: petitioner to be released on bail in the event of arrest or surrender within thirty days, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to Section 438(2) CrPC / Section 482(2) BNSS conditions and further conditions on trial attendance, non-tampering, and verification of antecedents. ¶21

Ajit Kumar Sharma @ Ajit Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether the petitioner, apprehending arrest in Paliganj P.S. Case No. 292 of 2024 for offences under Sections 103, 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, is entitled to be released on bail in the event of arrest (anticipatory bail).

¶13

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the court below within thirty days, the petitioner is to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS.

¶21

Ratio / Principle

Bail is conditional on the petitioner cooperating in the trial and remaining physically present on dates fixed by the court; on absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

¶24

Key takeaways

If the petitioner tampers with the evidence or the witnesses, the prosecution will be at liberty to move for cancellation of bail.ratio¶25
The court below shall verify the petitioner's criminal antecedents and, if concealment is found at any stage, take steps for cancellation of the bail bond; however, acceptance of bail bonds shall not be delayed for the purpose of or in the name of verification.ratio¶26

Detailed headnote1 paragraphs

Anticipatory bail granted. The Patna High Court (Rajesh Kumar Verma, J) directed that the petitioner, apprehending arrest in Paliganj P.S. Case No. 292 of 2024 (F.I.R. dated 24.07.2024) for offences under Sections 103, 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 — the murder of the informant's brother, alleged to have arisen out of a land dispute — be released on bail in the event of arrest or surrender within thirty days on a bail bond of Rs. 10,000/- with two like sureties, subject to the conditions of Section 438(2) CrPC / Section 482(2) BNSS and further conditions: cooperation and physical presence in trial (bail bond cancellable on absence for two consecutive dates without sufficient reason), no tampering with evidence or witnesses, and verification of criminal antecedents by the court below without delaying acceptance of bail bonds. The Court noted the F.S.L. report attributing death to cranio-cerebral injury caused by a rifled firearm injury to the head while the F.I.R. alleged firing by pistol, and that the petitioner carries five criminal antecedents other than the present case, with counsel stating on instruction that he is on bail in all pending matters.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8773 of 2025

¶2

Arising Out of PS. Case No.-292 Year-2024 Thana- PALIGANJ District- Patna

¶3

======================================================

¶4

Ajit Kumar Sharma @ Ajit Kumar Son of Devendra Sharma villageFatehpur, ps- Paliganj, Dist- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Anshul, Sr. Advocate For the Opposite Party/s : Mr. Anant Kumar 1, APP For the Informant : Mr. Hemant Kumar, Advocate ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

¶11

4 04-08-2025

¶12

Heard Mr. Anshul, learned senior counsel for the petitioner, Mr. Hemant Kumar, learned counsel appearing on behalf of the informant as well as Mr. Anant Kumar 1, learned Additional Public Prosecutor for the State.

¶13

The petitioner is apprehending his arrest in connection with Paliganj P.S. Case No. 292 of 2024, F.I.R. dated 24.07.2024 for the offences punishable under Sections 103, 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

¶14

According to prosecution case, this petitioner along with other accused persons have committed murder of brother of the informant.

¶15

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

¶16

Patna High Court CR. MISC. No.8773 of 2025(4) dt.04-08-2025 2/4

¶17

implicated in the present case due to village politics. It appears from the F.I.R that although there is specific allegation against the petitioner in the F.I.R as the informant claims that he is the eye witness and the petitioner has fired upon the victim by means of pistol and it appears from the F.I.R as well as other documents that due to admitted land dispute the present occurrence took place. He further submits that there is specific allegation against the petitioner that he has fired upon the victim by means of revolver but the F.S.L. report of the deceased suggest otherwise which is quoted as “1. Death is due to cranio-cerebral injury caused by rifled firearm (projectilebullet) injury to head. These injuries are sufficient enough to cause death in ordinary course of nature. 2. Time elapsed since death is within 12+03 hours from the time of post-mortem examination.” which suggest that the deceased has died due to rifle firearm injury which was inflicted upon the head of the deceased.

¶18

The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is named in the F.I.R and there is specific allegation against the petitioner that he has fired upon

¶19

Patna High Court CR. MISC. No.8773 of 2025(4) dt.04-08-2025 3/4

¶20

the victim and the informant might not have identified the weapon which was used in the present crime in question. Apart from that the petitioner carries five criminal antecedents other than the present one. Although the petitioner has not stated anywhere in the supplementary affidavit that whether he is on bail in the pending matter or not but learned counsel for the petitioner submits on instruction that the petitioner is on bail in all the pending matters.

¶21

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 the learned Judicial Magistrate, Patna in connection with Paliganj P.S. Case No. 292 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:-

¶22

i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and

¶23

Patna High Court CR. MISC. No.8773 of 2025(4) dt.04-08-2025 4/4

¶24

on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

¶25

ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

¶26

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

¶27

(Rajesh Kumar Verma, J)

¶28

Vanisha/-

¶29

U T

Ajit Kumar Sharma @ Ajit Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ajit Kumar Sharma @ Ajit Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Bablu Singh @ Abhay Narayan Singh Vs The State of Bihar

Bipin Kumar Vs The State of Bihar

Md. Sajeb @ Md. Sajid Vs The State of Bihar

Aman Kumar Vs The State of Bihar

Sonu Kumar @ Sonu Singh Vs The State of Bihar

Ajit Kumar Singh Vs The State of Bihar