Patna High Court
Pushpendra Kumar Singh @ Puspendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
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
- Arms Act — s. 27
- Indian Penal Code — s. 307, 323, 34, 341, 504, 506
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
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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
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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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