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Patna High CourtCR. MISC./24803/2026allowed

Madan Sharma v. The State Of Bihar

2026-04-18Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24803 of 2026 Arising Out of PS. Case No.-213 Year-2025 Thana- OBRA District- Aurangabad ====================================================== Madan Sharma S/o- Late Bigan Sharma Village- Kharati PS- Obra DistAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with S.Tr. No. 700 of 2025 arising out of Obra P.S. Case No. 213 of 2025 registered for the offence punishable under Sections 191(2), 190, 115(2), 126(2), 103(1), 303(2) of the B.N.S., 2023.

3. The case of the prosecution in short is that the husband of the informant was tied with rope by the petitioner and others and was brutally assaulted by the petitioner and others, and on the way to the hospital, he succumbed to the injuries.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence.He has been falsely implicated in this

Patna High Court CR. MISC. No.24803 of 2026(2) dt.18-04-2026 2/3 case. He also submits that the real fact is that the deceased has an illicit relation with the daughter of one Deepak Sharma and has also tried to commit rape upon her, for which the petitioner's side has lodged a counter case in Obra P.S. Case No. 260 of 2025. He further submits that the nature of allegation is general and omnibus and the deceased was found again attempting to commit rape with the sister of the informant and was caught red-handed and was thrashed by the mob. He further submits that similarly situated co-accused Golu Sharma and Deepak Sharma have been granted bail by the learned coordinate benches of this court vide Cr. Misc. Nos. 83973 of 2025 and 7851 of 2026, respectively. The case of this petitioner stands on similar footing. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 12.06.2025.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.24803 of 2026(2) dt.18-04-2026 3/3 bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-VIII, Aurangabad in connection with S.Tr. No. 700 of 2025 arising out of Obra P.S. Case No. 213 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U T