Created by Fuzzy Cloud

Patna High Court

Balram SinghversusThe state of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.