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2026 DAILYLAW 29134 (PAT)

Raja Sharma @ Rajababu Sharma v. The State of Bihar

CR. MISC./56540/2026 · 2026-08-07

R P Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56540 of 2026 Arising Out of PS. Case No.-51 Year-2024 Thana- Rail Jaynagar District- Samastipur ====================================================== Raja Sharma @ Rajababu Sharma Son of Vinod Sharma @ Binod Sharma Resident of Village- Dabha, P.O. and P.S.- Khajauli, District- Madhubani, State- Bihar. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhigyan Kumar, Advocate For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 07-08-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with GRP Rail Jaynagar P.S. Case No. 51 of 2024, instituted for the offences punishable under Sections 126(2), 115(2), 118(1), 118(2), 109, 303(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. 3. The prosecution case, in short, is that on the alleged date and time, four unknown miscreants were assaulting the informant’s son and when the informant tried to intervene, the miscreants attacked him with a pistol butt, robbed his bag and fled away from the place of occurrence. 4. Learned counsel for the petitioner submits that the Patna High Court CR. MISC. No.56540 of 2026(2) dt.07-08-2026 2/3 petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submitted that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Manik Kumar Singh and the same has got no evidentiary value in the eye of law. It is next submitted that no specific allegation has been attributed against the petitioner rather the same is general and omnibus in nature. The petitioner is in custody since 24.11.2025 and has got seven criminal antecedents. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by this Court vide order dated 04.08.2025 passed in Cr. Misc. No. 27751 of 2025. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case, claim based on parity and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on bail after framing of charge, if not already framed, on furnishing bail bonds of Patna High Court CR. MISC. No.56540 of 2026(2) dt.07-08-2026 3/3 Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with GRP Rail Jaynagar P.S. Case No. 51 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. (III) If the petitioner is found involved in similar nature of offence in future, the Trial Court will have the liberty to cancel the bail bonds of the petitioner. Alok Verma/- (Rudra Prakash Mishra, J) U T