Patna High Court – Orders
Sandeep Sharma @ Sandeep Kumar vs The State Of Bihar on 27 July, 2026
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35037 of 2026
Arising Out of PS. Case No.-165 Year-2024 Thana- KUMAR KHAND District- Madhepura
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Sandeep Sharma @ Sandeep Kumar
... ... Petitioner/s
Versus
The State of Bihar & Anr.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Ms.Pooja Prasad, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 27-07-2026
Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. Learned counsel appearing on behalf of the
petitioner informs this Court that the petitioner and the
informant are Gotia and due to trivial reason, they indulged into
free fight. Learned counsel further informs that there is
possibility of compromise between them, though the offence is
not compoundable and in this regard, he has placed reliance
upon a judgment of the Apex Court in case of Naushey Ali vs.
State of U.P., reported in, (2025) 4 SCC 78, as from the very
perusal of the FIR, no case is made out against the petitioner
under Section 354 of the Indian Penal Code. Learned counsel
points out that though the FIR was lodged on 31.05.2024 and
after the effective date, the BNS and BNSS came into force and
Patna High Court CR. MISC. No.35037 of 2026(3) dt.27-07-2026
2/2
the allegation has been made under repealed Act IPC under
Sections 341, 323, 354, 307, 379, 504, 506, 34 of the IPC,
corresponding to Sections 126, 115(2), 74, 109, 303(2), 352,
351(2) and 3(5) BNS. However, considering that the offence is
against women, learned counsel finds it proper to implead the
informant as O.P. No.2 in course of the day.
3. Permission is granted.
4. Issue notice to the newly added opposite party no.
2 both by ordinary process, as also by registered post with A/D,
for which requisites etc. must be filed within a period of 2
weeks.
5. Re-notify on 07.09.2026.
(Purnendu Singh, J)
Sanjay/-
U T
