Patna High Court
Balram SinghversusThe state of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail was granted subject to a bond of Rs.10,000 with two sureties and compliance with statutory conditions.
Summary
Balram Singh applied for anticipatory bail after being named an accused in a 2017 case involving alleged assault, robbery and firing at an informant under Sections 147, 148, 149, 341, 323, 324 of the IPC and Section 27 of the Arms Act. The petitioner argued that the FIR, lodged six days after the incident, did not record any firearm injury to the informant, no empty cartridges were recovered, and the primary injury was caused by an axe blow. The State opposed the bail, contending the seriousness of the offences. The Court considered the delay in filing the FIR, the absence of evidence of a firearm injury, and the lack of forensic material, and concluded that these factors warranted relief. Consequently, the Court granted anticipatory bail on the condition of a Rs.10,000 bond with two sureties and compliance with Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S, 2023.
Issues considered
- Whether anticipatory bail should be granted in view of the delay in lodging the FIR and lack of evidence of firearm injury.
- Whether the allegations under Sections 324 IPC and 27 Arms Act justify denial of bail.
Legislation cited
- Arms Act — s. 27
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 147, 148, 149, 323, 324, 341
Subjects
- anticipatory bail
- delay in FIR
- firearm injury
- Section 324 IPC
- Section 27 Arms Act
- bail bond
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25627 of 2026
Arising Out of PS. Case No.-39 Year-2017 Thana- BAKHTIYARPUR District- Patna
======================================================
Balram Singh S/O Munarik Singh R/O village - Chakdaulat, P.S-
Bakhtiyarpur, District- Patna
... ... Petitioner/s
Versus
The state of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar @ S.K., Advocate
For the Opposite Party/s : Mrs. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 30-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Bakhtiyarpur P.S. Case no. 39 of 2017
registered under Sections 147, 148, 149, 341, 323, 324 of the
IPC and Section 27 of the Arms Act.
3. Due to land dispute, on 17.01.2017, when the
informant was going on his motorcycle, petitioner along with
other FIR named accused persons assaulted the informant and
petitioner fired a gunshot at the informant causing injury,
thereafter, co-accused Parshuram Singh also fired upon
informant but he saved himself. Co-accused Nankhu Singh
gave an axe blow on the head of the informant and the accused
persons took away the informant’s mobile phone, gold chain and
Patna High Court CR. MISC. No.25627 of 2026(2) dt.30-04-2026
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Rs. 3,000/- from the informant.
4. Learned counsel for the petitioner submits that
the petitioner has been made an accused in a case under Section
324 of the IPC and Section 27 of the Arms Act with the
allegation of opening fire on the informant along with another
co-accused Parshuram Singh. Further, it is nowhere stated in the
FIR that the informant received any fire arm injury rather it is
stated that when he tried to flee away it was Nankhu Singh who
inflicted with the blow of axe on his head causing injury to him.
In the bail rejection order also there is no mention of the
informant having suffered any fire arm injury. Further
submission is that no empty cartridges has been recovered from
the place of occurrence and the FIR is also lodged after a delay
of 6 days.
5. The application for anticipatory bail is opposed
by learned A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the delay in
lodging of F.I.R coupled with the fact that the informant has no
fire arm injury, in the event of his arrest or surrender before the
learned Court below within a period of four weeks, be
released on anticipatory bail in connection with Bakhtiyarpur
Patna High Court CR. MISC. No.25627 of 2026(2) dt.30-04-2026
3/3
P.S. Case no. 39 of 2017 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court concerned where
the case is pending/Successor Court, subject to the condition
laid down under Section 438(2) of the Code of Criminal
Procedure/Section 482(2) of the B.N.S.S, 2023.
(Soni Shrivastava, J)
khushbu/-
U T
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