Abhay Sharma @ Nirbhay Sharma @ Abhay Kumar Sharma @ Nirbhay Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29037 of 2026 Arising Out of PS. Case No.-172 Year-2024 Thana- ARERAJ District- East Champaran ====================================================== Abhay Sharma @ Nirbhay Sharma @ Abhay Kumar Sharma @ Nirbhay Kumar Sharma S/o Late Gora Sharma, R/o Village- Sharma Tola, P.S.- Areraj, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Areraj P.S. Case No.172 of 2024, registered under Sections 1331(4)/305 of BNS.

3. As per the prosecution case, a theft was committed in the dwelling house of the informant and the thieves took away a television and mobile phone of the informant. The name of the petitioner transpired during investigation for being involved in the aforesaid theft.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The name of the petitioner came up in this case as the

Patna High Court CR. MISC. No.29037 of 2026(2) dt.06-05-2026 2/3 petitioner purchased a mobile phone from co-accused Rohit Sharma and gave it to his brother for use, who put a SIM card in it. The police traced the IMEI number of the mobile and when the brother of the petitioner came to know that mobile phone was stolen, he produced it before the police. The learned counsel further submits that the petitioner has not been knowing that the mobile phone was stolen. The co-accused Rohit Sharma has been surrendered and on assurance of this co-accused, the petitioner purchased the mobile phone that he would give him the papers after some time, but no such paper was given to him. The petitioner is having antecedent of one case of different nature and he is on bail in such case.

5. The learned APP vehemently opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the possibility of false accusation, let the petitioner above named in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V,

Patna High Court CR. MISC. No.29037 of 2026(2) dt.06-05-2026 3/3 Motihari, East Champaran/court concerned, in connection with Areraj P.S. Case No. 172 of 2024, subject to the condition laid down under Section 482 (2) of the BNSS, 2023 and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the below, if so required by the learned trial court.

(Arun Kumar Jha, J) V.K.Pandey/- U T