Allowed¶20

Ashok Sharma v. The State of Bihar

Patna HC6 Feb 2026CR. MISC./4029/2026

Case brief

AI extract

What is this about?

Anticipatory bail; Patna High Court; Cr. MISC. No.4029 of 2026; decided 06-02-2026; Rajesh Kumar Verma, J.; Babura P.S. Case No. 50 of 2025; F.I.R. 16.08.2025; BNS 2023 Sections 126(2), 115(2), 110, 351, 352(2), 3(5); assault on informant and son; simple injury; clean antecedents; Section 438(2) Code of Criminal Procedure; bail bond Rs. 10,000 with two sureties; C.J.M. Bhojpur at Ara; conditions on trial attendance, non-tampering, antecedent verification without delaying bond acceptance.

What did the court decide?

Release on bail (anticipatory bail) upon arrest or surrender within thirty days, on bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned C.J.M., Bhojpur at Ara, subject to Section 438(2) CrPC conditions and additional conditions on trial attendance, non-tampering and antecedent verification.

Ashok Sharma Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, apprehending arrest in connection with Babura P.S. Case No. 50 of 2025, should be released on bail (anticipatory bail) in respect of the BNS, 2023 offences alleged against them.

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Court's answer

Prayer for bail allowed considering the petitioners' clean antecedent and the simple nature of the injury received by the injured person.

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Ratio / Principle

In the event of arrest or surrender before the court below within thirty days from receipt of the order, the petitioners to 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 C.J.M., Bhojpur at Ara, subject to Section 438(2) CrPC conditions.

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Key takeaways

Condition: petitioners to cooperate in the trial and remain physically present as directed; on absence on two consecutive dates without sufficient reason, the bail bond shall be cancelled by the court below.ratio¶23
Condition: if the petitioners tamper with the evidence or the witnesses, the prosecution will be at liberty to move for cancellation of bail.ratio¶24
Condition: the court below shall verify the criminal antecedent of the petitioners, and if at any stage concealment of criminal antecedent is found, the court below shall take steps for cancellation of the bail bond.

Detailed headnote1 paragraphs

Patna High Court (Rajesh Kumar Verma, J.), Criminal Miscellaneous No. 4029 of 2026 (decided 06-02-2026): anticipatory bail granted to Ashok Sharma and Randhir Kumar Sharma @ Randhir Sharma @ Randhir Kumar, apprehending arrest in Babura P.S. Case No. 50 of 2025 (F.I.R. dated 16.08.2025) for offences punishable under Sections 126(2), 115(2), 110, 351, 352(2) and 3(5) of the BNS, 2023, arising out of an allegation of assault on the informant and his son. Basis relied on by the Court: petitioners' clean antecedent and simple-in-nature injury to the injured person. Release ordered upon arrest or surrender within thirty days, on bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned C.J.M., Bhojpur at Ara, subject to Section 438(2) of the Code of Criminal Procedure conditions, namely: cooperation and physical presence at trial with bond cancellation on absence on two consecutive dates without sufficient reason; liberty to prosecution to seek cancellation on tampering with evidence or witnesses; verification of criminal antecedents by the court below with cancellation on concealed antecedents — while expressly directing that acceptance of bail bonds not be delayed in the name of verification.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4029 of 2026

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Arising Out of PS. Case No.-50 Year-2025 Thana- BABURA District- Bhojpur

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

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Ashok Sharma Son of Late Krishna Mistri Resident of village - Rajapur Pachrukhiya, Police Station - Babura, District - Bhojpur.

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Randhir Kumar Sharma @ Randhir Sharma @ Randhir Kumar Son of Ashok Sharma Resident of village - Rajapur Pachrukhiya, Police Station - Babura, District - Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Yogendra Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 06-02-2026

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Heard Mr. Anil Kumar Singh, learned counsel for the petitionerss and Mr. Yogendra Kumar, learned Additional Public Prosecutor for the State.

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The petitioners are apprehending their arrest in connection with Babura P.S. Case No. 50 of 2025, F.I.R. dated 16.08.2025 for the offences punishable under Sections 126(2), 115(2), 110, 351, 352(2) and 3(5) of the BNS, 2023.

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According to prosecution case, all the accused persons including these petitioners have assaulted to the informant and his son due to which they received injuries.

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Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been

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Patna High Court CR. MISC. No.4029 of 2026(2) dt.06-02-2026 2/3

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implicated in the present case. He further submits that the allegation as alleged in the F.I.R is false and fabricated and the petitioners have not committed any offence as alleged in the F.I.R. It appears from the F.I.R that due to some petty dispute the present occurrence has taken place and both the sides have received injuries. Although there is specific allegation of assault attributed against the petitioners that they have assaulted to the informant by means of iron rod due to which he received injury but the injury report of the injured person suggest that the injury is simple in nature.

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Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.

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Considering the aforesaid facts and circumstances that the petitioners have clean antecedent and the injury received by the injured person is simple in nature, let the petitioners, above named, in the event of their 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 C.J.M., Bhojpur at Ara in connection with Babura P.S. Case No. 50 of 2025, subject to the conditions as laid down under Section

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Patna High Court CR. MISC. No.4029 of 2026(2) dt.06-02-2026 3/3

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438(2) of the Code of Criminal Procedure and with other following conditions:-

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

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

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iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. 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.

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(Rajesh Kumar Verma, J)

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Vanisha/-

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U T

Ashok Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ashok Sharma 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

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Parties & counsel

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