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Patna High Court

Pushpendra Kumar Singh @ Puspendra KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was not granted as the allegations involved serious offences.

Summary

The petitioner, Pushpendra Kumar Singh, sought anticipatory bail after being implicated in a land‑dispute incident where firearms were discharged, resulting in injuries to an informant. The FIR alleges that the petitioner fired at the informant’s chest, while other accused injured the informant’s hand, invoking sections 341, 323, 504, 506, 307/34 of the Indian Penal Code and section 27 of the Arms Act. The petitioner argued that both parties suffered injuries and that the matter could be resolved in civil court, contending there was a case and counter‑case. The court observed that despite the familial relationship and the petty nature of the land dispute, the use of firearms and the seriousness of the offences warranted no relief. Consequently, the court rejected the anticipatory bail application, directing the petitioner to surrender within four weeks for trial. The order emphasized that the substantive criminal proceedings would continue in the appropriate trial court.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner in view of the grave offences alleged under the IPC and Arms Act.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Arms Act
  • land dispute
  • FIR
  • criminal procedure
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14539 of 2026
                      Arising Out of PS. Case No.-49 Year-2024 Thana- PARBATTA District- Khagaria
                 ======================================================
                 Pushpendra Kumar Singh @ Puspendra Kumar Son of Sharda Prasad Singh
                 R/o Village - Agwani, P.S. - Parbatta, District - Khagaria.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vivekanand Singh, Adv.
                 For the Opposite Party/s :       Mr. Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   01-07-2026                    Heard Mr. Vivekanand Singh, learned counsel for the

                   petitioner, the State as also Mr. Buddhi Lal Yadav, learned

                   counsel representing the informant.

                                2. The petitioner apprehends his arrest in connection

                   with Parbatta P.S. Case No. 49 of 2024 for the offence registered

                   under sections 341, 323, 504, 506, 307/34 of the Indian Penal

                   Code and 27 of the Arms Act.

                                3. As per the prosecution story, the informant alleged

                   that due to land dispute, the accused side armed variously came

                   and opened fire causing injuries to the informant. Specific

                   allegation is against this petitioner of hitting the chest of the

                   informant. He was shifted to Primary Health Centre, Parbatta,

                   then to Mayaganj Government Hospital, Bhagalpur and finally

                   to the Fort U Medi Emergency Hospital Pvt. Ltd., Patna. This
Patna High Court CR. MISC. No.14539 of 2026(4) dt.01-07-2026
                                            2/3




          followed the FIR.

                       4. Learned counsel for the petitioner submits that

          there is case and counter case, both sides have suffered and in

          fact, the injuries sustained by the petitioner and his son have

          been found to be grievous inasmuch as fire arm injuries have

          been found on the person.

                       5. Learned counsel for the informant has taken this

          Court to the FIR to show that petitioner was one of the active

          player in the opening of the fire which hit the right chest of the

          informant while the fire arms of other accused persons hit in his

          hand.

                       6. Having heard the parties, this Court can only observe

          that it is unfortunate that though both the parties are agnates

          belonging to the same family, on a petty land dispute, both have

          resorted to firing as a result whereof, have sustained serious

          injuries. Two FIRs are there, both sides will be fighting it out

          before the respective Courts whereas the land will remain at the

          place where it is. This despite the fact that besides the local

          Panchayat, appropriate Civil Court can very well decide such

          cases.

                       7. So far as the present case is concerned, considering

          the grave allegation that has come, no relief can be granted.

                       8. The anticipatory bail application stands rejected.
           Patna High Court CR. MISC. No.14539 of 2026(4) dt.01-07-2026
                                                       3/3




                                  9. However, if the petitioner surrenders within four

                     weeks from today, the Court concerned shall take up the matter

                     and dispose it of preferably on the same day.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


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