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Patna High Court

Parshuram Singh @ HauwaversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court granted anticipatory bail to Parshuram Singh with bond and sureties, but denied anticipatory bail to Dhiraj Kumar as the case was not fit for such relief.

Summary

The petitioners, Parshuram Singh and Dhiraj Kumar, sought anticipatory bail in connection with a criminal case alleging offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The prosecution alleged that the petitioners, along with co‑accused, attacked an informant’s house, with one co‑accused firing on the informant’s brother and the petitioners allegedly assaulting and threatening the informant. The petitioners contended they were falsely implicated and that the specific firing charge pertained only to another co‑accused. The court, applying Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, granted anticipatory bail to Parshuram Singh upon surrender, with a bond of Rs 15,000 and two sureties, but declined the same relief to Dhiraj Kumar, finding the case unsuitable for anticipatory bail. The order imposed conditions on the granted bail and dismissed the application for the second petitioner.

Issues considered

  • Whether anticipatory bail should be granted to Parshuram Singh under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 in view of the alleged offences.
  • Whether anticipatory bail should be granted to Dhiraj Kumar given the nature and gravity of the alleged offences.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14333 of 2026
                    Arising Out of PS. Case No.-3 Year-2025 Thana- SURYAGARHA District- Lakhisarai
                 ======================================================
           1.     Parshuram Singh @ Hauwa S/o Late Brindawni Singh @ Vrindawan Singh
                  R/o Village - Rampur, P.S - Surajgarha, District - Lakhisarai
           2.    Dhiraj Kumar @ Lala Kumar S/o Parshuram Singh @ Hauwa R/o Village -
                 Rampur, P.S - Surajgarha, District - Lakhisarai

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Khushi Awadh, Advocate
                 For the Opposite Party/s :       Mr.Dr.Mrityunjaya Kr.Gautam, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   25-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                               2. The petitioners apprehend their arrest in connection

                   with Surajgarha P.S. Case No. 03 of 2025, instituted for the

                   offences punishable under Sections 191(2), 126(2), 115(2),

                   329(3), 109(1) of the Bharatiya Nyaya Sanhita, 2023 and

                   Section 27 of the Arms Act.

                               3. The prosecution case, in short, is that the petitioners

                   along with other co-accused persons went to the house of the

                   informant armed with deadly weapons and firearms and also

                   assaulted the informant and his brother. It is further alleged that

                   co-accused, namely, Amarjeet Kumar fired upon brother of the
Patna High Court CR. MISC. No.14333 of 2026(2) dt.25-02-2026
                                            2/3




          informant due to which he sustained firearm injury on his right

          leg and petitioner no.2, namely, Dhiraj Kumar slapped the

          informant and threatened him of dire consequences.

                      4. Learned counsel for the petitioners submitted that

          the petitioners have falsely been implicated in the present case.

          Learned counsel for the petitioners submitted that specific

          allegation of firing is against co-accused Amar Kumar @

          Amarjeet Kumar. The petitioners have fallen victim of

          circumstances and have no role to play in the entire episode.

          The other co-accused have been granted regular bail by a co-

          ordinate Bench of this Court. It has been submitted on behalf of

          the petitioners that the petitioner No.1 has three criminal

          antecedent, whereas petitioner no.2 has one criminal antecedent.

                      5. Learned A.P.P. 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, let the petitioner no.1 Parshuram Singh @ Hauwa,

          in the event of arrest/surrender before the learned Court below

          within a period of six weeks from today, be released on

          anticipatory bail on furnishing bail bonds of Rs. 15,000/-

          (Rupees Fifteen Thousand) with two sureties of the like amount

          each to the satisfaction of Court below/concerned Court in
           Patna High Court CR. MISC. No.14333 of 2026(2) dt.25-02-2026
                                                       3/3




                     connection with Surajgarha P.S. Case No. 03 of 2025, subject to

                     the conditions as laid down under Section 482(2) of the

                     Bharatiya Nagarika Suraksha Sanhita, 2023.

                                  7. So far as petitioner No.2 namely Dhiraj Kumar @

                     Lala Kumar is concerned, considering the aforesaid facts and

                     circumstances of the case, nature and gravity of offence, in my

                     view, this is not a fit case for grant anticipatory bail.

                                  8. Accordingly, the prayer for grant of anticipatory

                     bail to the petitioner No.2 is, hereby, rejected.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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