Bipin Sharma @ Bhushan Shama @ Bipin Ji Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Bipin Sharma @ Bhushan Shama @ Bipin Ji Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be released by the court below (Chief Judicial Magistrate, Gaya) upon furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, subject to cooperation in trial and to the court below verifying whether any incriminating article was recovered from the petitioner's possession before accepting the bail bond.

Issue for consideration

Whether the petitioner is entitled to regular bail in Gaya Muffasil P.S. Case No. 412 of 2016 given that he was not named in the FIR, was not arrested at the spot, nothing was recovered from his possession, and he was implicated only through a co-accused's confessional statement with no TIP conducted.

Ratio / Principle

Bail granted: the petitioner is directed to furnish bail bond and, on doing so, the court below shall release him 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, Gaya, in connection with Gaya Muffasil P.S. Case No. 412 of 2016.

Key takeaways

Release is made subject to the conditions that the petitioner shall cooperate in the disposal of the trial and make himself available as and when required by the court.ratio¶20
Before accepting the bail bond, the learned court below shall verify whether any incriminating article was recovered from the possession of the petitioner or not.ratio¶24

Detailed headnote1 paragraphs

Regular bail granted (Patna High Court, Cr. Misc. No.3193 of 2026, Nawneet Kumar Pandey, J., order dt. 16-02-2026) to petitioner Bipin Sharma @ Bhushan Shama @ Bipin Ji in Gaya Muffasil P.S. Case No. 412 of 2016, registered for offences under Sections 147, 148, 149, 323, 341, 386, 435, 379 of the IPC, Sections 14, 16, 17, 18, 20, 38, 40 of UAP Act and Section 17 of C.L.A Act. Grounds taken into account: petitioner not named in FIR, not arrested at the spot, nothing recovered from his possession, named only in the confessional statement of co-accused Kamlesh Ram @ Kamlesh Khar @ Kamlesh Chandravanshi, no TIP conducted, and other co-accused already granted bail. Direction: release 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, Gaya; petitioner to cooperate in the disposal of trial and remain available as and when required by the court; before accepting the bail bond, the court below shall verify whether any incriminating article was recovered from the petitioner's possession.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3193 of 2026

Arising Out of PS. Case No.-412 Year-2016 Thana- GAYA MUFASIL District- Gaya

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

Bipin Sharma @ Bhushan Shama @ Bipin Ji S/O Late Ragho Singh @ Radho Singh R/O Village- Chabura, P.S- Anti, Distt.- Gaya.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar Tiwari For the State : Mr. Nawal Kishore Prasad ======================================================

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

2 16-02-2026

Heard learned counsel for the petitioner as well as the

learned APP for the State.

The petitioner is seeking regular bail in connection with Gaya Muffasil P.S. Case No. 412 of 2016, registered for the offences punishable under Sections 147, 148, 149, 323, 341, 386, 435, 379 of the IPC under Sections 14, 16, 17, 18, 20, 38, 40 of UAP Act and Sections 17 of C.L.A, Act.

As per prosecution case, about 20 miscreants attacked the construction site of the company of the informant which was engaged in construction of a rail bridge and set on fire a number of equipments including the truck tippers, Excavator, Hydra, Sumo vehicle, a motorcycle and Tata P & H Crane. The miscreants also threatened the employees present there at the gunpoint and assaulted them and took away their

Patna High Court CR. MISC. No.3193 of 2026(2) dt.16-02-2026 2/3

mobile phones and cash amounting to Rs.50,000/- from individual workers. The name of the petitioner transpired as one of the miscreants during investigation.

Learned counsel for the petitioner has submitted that the petitioner is not named in the FIR. He was not arrested at the spot and nothing was recovered from his possession. His name has figured only in the confessional statement of coaccused Kamlesh Ram @ Kamlesh Khar @ Kamlesh Chandravanshi. He has further submitted that till date, no TIP has been conducted and other co-accused persons have been granted bail.

On the other hand, learned APP for the State has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner above-named, is directed to furnish bail bond and on doing so, the court below shall release the petitioner on bail on furnishing bail bonds of Rs.10,000/with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Gaya Muffasil P.S. Case No. 412 of 2016, subject to the following conditions that the petitioner shall cooperate in the disposal of trial and make himself available as and when

Patna High Court CR. MISC. No.3193 of 2026(2) dt.16-02-2026 3/3

required by the court.

7. Before accepting the bail bond, the learned court

below shall verify whether any incriminating article was recovered from the possession of the petitioner or not.

(Nawneet Kumar Pandey, J)

priyanka/-

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