Patna High Court
Parshuram Singh @ HauwaversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- R P MISHRA
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
- Arms Act — s. 27
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 191(2), 329(3)
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
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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
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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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