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2026 DAILYLAW 9082 (PAT)

Ramashish Sharma v. The State of Bihar

CR. MISC./3886/2026 · 2026-02-24

Khatim Reza

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3886 of 2026 Arising Out of PS. Case No.-676 Year-2025 Thana- SASARAM NAGAR District- Rohtas ====================================================== Ramashish Sharma, Son of Late Bhabhuti Sharma, R/o Village - Babu ke Bahuara, P.S. - Kochas, Dist. - Rohtas at Sasaram. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 5445 of 2026 Arising Out of PS. Case No.-676 Year-2025 Thana- SASARAM NAGAR District- Rohtas ====================================================== Prabhat Kumar @ Sonu Gupta, S/o Kedar Sah, R/o vill - Beluri (Barej), P.S.- Mohania, Distt.- Kaimur at Bhabua ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 3886 of 2026) For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s : Mr. Ahmad Ali, APP (In CRIMINAL MISCELLANEOUS No. 5445 of 2026) For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 3 24-02-2026 Since both the bail applications arise out of same P.S. case number, the same are being heard together and disposed of by this common order for the convenience of the Court. 2. Heard learned counsel for the petitioners and learned A.P.P. for the State. 3. The petitioners seek bail in connection with Patna High Court CR. MISC. No.3886 of 2026(3) dt.24-02-2026 2/4 Sasaram (N) P.S. Case No. 676 of 2025 dated 23.08.2025 instituted for the offence punishable under Sections 109(2), 132, 127(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 25(1-B)a, 26, 27 & 35 of the Arms Act. 4. The prosecution case, in short, is that the informant received a secret information that a teacher, namely, Dilip Kumar was kidnapped and kept at the house of some Akhilesh Kumar at place called Takia. After receiving of information, Superintendent of Police, Rohtas along with other police personnel reached at the place where Dilip Kumar was kept. The kidnappers after seeing the police opened fired. In defence, police party also opened fire leading to gunshot injury to two culprits, namely, Prabhat Kumar @ Sonu (petitioner in Criminal Miscellaneous No. 5445 of 2026) and one Suresh Ram. The police team also arrested two other kidnappers, namely, Ramashish Sharma (petitioner in Criminal Miscellaneous No. 5445 of 2026) and one Indal Ram. All the apprehended accused persons were sent to the Sadar Hospital, Sasaram for medical aid. The said Dilip Kumar was recovered from the house of Akhilesh Kumar. The F.S.L. team reached the place of occurrence and country made pistols, fired cartridges and other things were recovered. Patna High Court CR. MISC. No.3886 of 2026(3) dt.24-02-2026 3/4 5. Learned counsel for the petitioners submits that the petitioners are innocent and they been falsely implicated in this case. Learned counsel for the petitioners further submits that allegation against the apprehended persons is that they opened fired at the police, but none injured by the gunshot of the apprehended persons. No incriminating article has been recovered either from the possession of the petitioners or from their houses. Lastly, it has been submitted that the petitioner, namely, Ramashish Sharma (Criminal Miscellaneous No. 3886 of 2026) is in custody since 24.08.2025 having seven criminal cases against him. Petitioner, namely, Prabhat Kumar @ Sonu Gupta ( Criminal Miscellaneous No. 5445 of 2026) is also in custody since 24.08.2025 having seven criminal cases against him. Charge-sheet has been submitted in the cases. 6. Learned A.P.P. has vehemently opposed the prayer for bail of the petitioners. 7. Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioners at this stage. 8. Accordingly the prayer for regular bail on behalf of the petitioner, namely, Ramashish Sharma (Criminal Miscellaneous No. 3886 of 2026) and Prabhat Kumar @ Sonu Patna High Court CR. MISC. No.3886 of 2026(3) dt.24-02-2026 4/4 Gupta ( Criminal Miscellaneous No. 5445 of 2026) stands rejected. 9. The applications stands dismissed. premchand/- (Khatim Reza, J) U T