Patna High CourtCR. MISC./42481/2026bail granted

Nanha Sharma @ Nanhe Sharma @ Ashwini Kumar v. The State Of Bihar

2026-07-01Mr. Justice Ajit Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42481 of 2026 Arising Out of PS. Case No.-16 Year-2026 Thana- AMARPUR District- Banka ====================================================== Nanha Sharma @ Nanhe Sharma @ Ashwini Kumar Son of Shankar Sharma Resident of Village- Kaushalpur, P.S.- Amarpur, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar Mishra, Advocate Mr. Rohit Kumar, Advocate For the Opposite Party/s :

Mr.Bharat Bhushanm, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 01-07-2026 Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Amarpur P.S. Case No. 16 of 2026 F.I.R dated 05.01.2026 registered for the offences punishable under Sections 126 (2), 115 (2), 109 (1), 303 (2), 352, 351 (2), 3 (5) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 (1-b) (a), 26, 27 and 35 of Arms Act.

3. According to prosecution case, on 05.01.2026 at around 07:00 P.M. the accused persons, namely Manohar Chaudhary, Sanjeev Chaudhary and Nanha Sharma arrived at the informant's shop and one of the accused took out a liquor bottle and said, let us sit and drink inside your shop. Upon

2/4 refusal and confrontation by the informant the accused started abusing and one of the co-accused rushed to his home and brought pistol and handed it to Manohar Chaudhary and he then fired a gun shot on the informant, which passed near his head. During the alleged incident Nanha Sharma stole Rs. 66,000/- from the informant's shop.

4. Learned counsel for the petitioner, by referring to the allegations made in the F.I.R. submits that merely allegations of having taken away cash to the tune of Rs. 66,000/- from the informant's shop is leveled against this petitioner. It has next been submitted that allegations of overt attack being made against Mr. Manohar Chaudhary and Mr. Sanjeev Chaudhary have already been extended the privilege of anticipatory bail by the co-ordinate Bench in CWJC No. 21228 of 2026 and CWJC No. 15800 of 2026, respectively. It is submitted that the petitioner is a student and has unnecessarily been dragged in this case. The petitioner has got clean antecedent.

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

6. Considering the aforesaid facts and that the two other co-accused have already been granted privilege of

3/4 anticipatory bail by the co-ordinate Bench. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioner.

7. Let the petitioner, above named, in the event of his/her 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, Banka, Amarpur in connection with the aforesaid P.S. Case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/personal affidavit to show his/her bona fide;

(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself;

(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State

4/4 shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.

(Ajit Kumar, J) surya/- U T