Aadesh Sharma Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

Aadesh Sharma Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

What the court decided

AI extract

Outcome

Petitioner to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Purnea/concerned Court, in connection with Baisi P.S. Case No. 30 of 2026.

Issue for consideration

Whether the petitioner, implicated in Baisi P.S. Case No. 30 of 2026 for offences under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita (allegedly killing his wife), should be released on bail.

Court's answer

Since the marriage was of more than seven years, the presumption of 304B of IPC will not be available to the prosecution (expressed as a prima facie observation for purposes of bail).

Ratio / Principle

The dead body having not been recovered from the house, the petitioner may not be burdened with special knowledge under Section 106 of the Evidence Act (expressed as a prima facie observation for purposes of bail).

Key takeaways

All observations in the order are prima facie, limited solely to adjudication of the bail application, shall not be construed as expression on the merits, and shall not influence the trial or other proceedings.ratio¶22

Detailed headnote1 paragraphs

Bail granted (Patna High Court, Ansul, J., 13-05-2026) — Aadesh Sharma, accused in Baisi P.S. Case No. 30 of 2026 (District Purnia) for offences under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, allegedly killed his wife after 20 years of marriage; the body was found hanging on a tree in another village and the post-mortem cause of death was strangulation; petitioner in custody since 21.01.2026 with no criminal antecedent. Court's prima facie observations: marriage exceeding seven years renders presumption of 304B IPC unavailable to the prosecution; body not recovered from the house, so petitioner may not be burdened with special knowledge under Section 106 of the Evidence Act. Released on bail bonds of Rs.10,000/- with two like sureties to the CJM, Purnea. Observations expressly prima facie, confined to the bail application, not to affect the trial or merits.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27755 of 2026

Arising Out of PS. Case No.-30 Year-2026 Thana- BAISI District- Purnia

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

Aadesh Sharma son of Jangali sharma Resident Of Village - Chariya Colony P.s -Baisi District -Purnea

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Purushottam Kumar, Adv. For the Opposite Party/s : Mr.Renu Kumari, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ANSUL

ORAL ORDER

3 13-05-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in connection with Baisi P.S. Case No. 30 of 2026 instituted for the offences under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita.

The petitioner alleged to have killed his wife of 20 years. He has a daughter and a son from the wife. The dead body of the lady was found in another village hanging on the tree. The cause of death detailed in the post mortem report was strangulation.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 21.01.2026 and has got no criminal antecedent.

Learned A.P.P. for the State has vehemently

Patna High Court CR. MISC. No.27755 of 2026(3) dt.13-05-2026 2/2

opposed the prayer for grant of bail to the petitioner.

Since, the marriage is of more than seven years the presumption of 304B of IPC will not be available to the prosecution. Moreover, the dead body has not been recovered from the house and thus the petitioner may not be burdened with special knowledge under Section 106 of the Evidence Act. These observation are prima facie . Thus, this Court is inclined to grant bail to the petitioner.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea/concerned Court in connection with Baisi P.S. Case No. 30 of 2026.

It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Ansul, J)

abhishekkr/-

U T