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Patna High CourtCR. MISC./6643/2026bail granted

Raju Sharma v. The State Of Bihar

2026-03-19Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6643 of 2026 Arising Out of PS. Case No.-166 Year-2025 Thana- ISUAPUR District- Saran ====================================================== Raju Sharma, Male, aged about 37 years, Son of Vidya Sharma @ Vidhua Sharma, Resident of Village - Shumbha (Suma), P.S.- Isuapur, District - Saran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Isuapur P.S. Case No. 166 of 2025 instituted for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 74, 351(2) 352 and 3(5) of the BNS, 2023.

3. As per allegation in the FIR, all the accused persons including the present petitioner assaulted the informant and his family members by means of lathi, danda and iron rod with an intention to kill them.

4. Learned counsel for the petitioner submits that petitioner is innocent has committed no offence and has falsely been implicated in this case. He submits that there is case and counter case attributed between the parties. He further submits

Patna High Court CR. MISC. No.6643 of 2026(3) dt.19-03-2026 2/3 that the dispute is purely in civil nature, which has been deliberately given a criminal colour to harass the petitioner. He next submits that petitioner's side have also received serious injuries. He lastly submits that there is delay of seven days for lodging of the FIR. Petitioner has got clean antecedent as stated in para 3 of the petition.

5. Learned APP for the State opposes the prayer for anticipatory bail of the petitioner.

6. From perusal of the FIR, case diary, injury report and the impugned order of the learned District and Additional Sessions Judge-13th Saran at Chapra dated 04.12.2025, it appears that on the basis of written report of the informant Shanti Devi, FIR has been registered under Sections 126(2), 115(2), 118(1), 109, 74, 351(2) 352 and 3(5) of the BNS, 2023. against three co-accused persons and the allegation against the petitioner is that he assaulted the informant by means of lathi, danda and iron rod with an intention to kill her. The allegation against the petitioner namely Raju Sharma struck the informant on her head with an iron rod with an intention to kill, as a result of which her head was fractured. Seeing the informant being assaulted, informant's husband and her son Satyendra Sharma came to rescue her, whereupon all the accused persons also

Patna High Court CR. MISC. No.6643 of 2026(3) dt.19-03-2026 3/3 assaulted them with lathi and danda. Informant's son and husband was also assaulted by all accused persons. From perusal of the injury report, it also appears that the injures upon Triguna Sharma is pain in right hand and right hand index finger and the injuries upon Shanti Devi is on left parietal region and the injuries are simple in nature, so considering all these aspects of the case and submission of learned counsel for the petitioner, I am inclined to grant anticipatory bail to the above named petitioner.

7. Accordingly, let the petitioner above named in the event of his arrest or surrender before the Court below within six weeks from today, be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate /Concerned Court, Saran at Chapra in connection with Isuapur P.S. Case No. 166 of 2025, subject to the conditions laid down in Section 482(2) of the BNSS. (Ramesh Chand Malviya, J) Anand Kr.

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