Patna High Court
CR. MISC./51078/2026 of Phuldeo Sharma @ Fuldev Sharma Vs The State of Bihar on 29 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51078 of 2026 Arising Out of PS. Case No.-158 Year-2025 Thana- ANDHRAMATH District- Madhubani ====================================================== 1. Phuldeo Sharma @ Fuldev Sharma S/o Sri Hari Lal Sharma @ Hari Lal Sharma @ Harilal Sharma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51078 of 2026
Arising Out of PS. Case No.-158 Year-2025 Thana- ANDHRAMATH District- Madhubani
======================================================
1.
Phuldeo Sharma @ Fuldev Sharma S/o Sri Hari Lal Sharma @ Hari Lal Sharma @ Harilal Sharma @ Hari Lal Khatbe R/o Village - Nemua, PS - Andharmath, District - Madhubani
2.
Ram Babu Sharma @ Ram Babu Chaupal S/o Phuldeo Sharma @ Fuldev Sharma R/o Village - Nemua, PS - Andharmath, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
Appearance :
For the Petitioner/s
:
Ms. Nitu Kumari, Adv.
For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL ORDER
29-07-2026 Heard learned Advocate for the petitioners and learned Advocate for the State.
2. The petitioners apprehend their arrest in connection with Andharamath P.S. Case No.158 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 118(2), 117(2), 109(1), 303(1), 352, 351(2), 351(3), and 3(5) of the BNS, 2023.
3. The allegation against the petitioners is of causing threat and assault to the informant and his family members by farsa, lathi and danda, due to which the injured persons sustained serious injuries.
4. Learned Advocate for the petitioners, referring to Patna High Court CR. MISC. No.51078 of 2026(2) dt.29-07-2026
the allegations made in the First Information Report (FIR), contended that only general and omnibus allegations have been levelled against all the accused persons, including the present petitioners. It is further submitted that, insofar as the specific allegation of causing injury to the informant's father-in-law is concerned, the same has been attributed to one Chandradev Sharma, who is not before this Court. It is next submitted that the injury allegedly sustained by the informant's father-in-law has been found to be simple in nature, as is evident from the impugned order. Learned counsel further submitted that the occurrence is the outcome of a long-standing land dispute between the parties and that the petitioners have been falsely implicated on account thereof. Lastly, it is contended that there is an inordinate and unexplained delay in lodging the FIR, inasmuch as the alleged occurrence took place on 07.09.2025, whereas the FIR came to be instituted only on 13.09.2025. The petitioners bear fair antecedent.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the petitioners have actively participated in the crime which resulted into serious injuries to some of the injured.
6. Having considered the submissions advanced on Patna High Court CR. MISC. No.51078 of 2026(2) dt.29-07-2026
behalf of the respective parties and taking note of the materials available on record, particularly the general and omnibus nature of the allegations against the petitioners, the fact that the injuries sustained are simple in nature, the inordinate delay in lodging the First Information Report (FIR), and the clean antecedent of the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jhanjharpur, Madhubani in connection with Andharamath P.S. Case No.158 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners.
rohit/- (Harish Kumar, J) U T