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Patna High Court

Parshuram SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

In the absence of any injury report or specific evidence linking the petitioners to the alleged offences, and considering the grant of anticipatory bail to a similarly situated co‑accused, the court ordered that the petitioners be released on bail subject to conditions.

Summary

The petitioners, Parshuram Singh and Nanhaku Singh, sought relief from arrest in a 2017 case alleging offences under several IPC sections and the Arms Act. They claimed innocence, arguing that no injury report existed and that the prosecution’s allegations were not specifically linked to them. The State opposed the bail, but the court noted the absence of any injury report, lack of evidence of firearm injury, and the fact that a similarly placed co‑accused had already been granted anticipatory bail. Considering these factors, the court ordered that the petitioners be released on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. The order also required the petitioners to appear before the trial court as needed.

Issues considered

  • Whether bail should be granted to the petitioners in the absence of an injury report and specific evidence linking them to the alleged offences
  • Whether the grant of anticipatory bail to a similarly situated co‑accused influences the decision on bail for the petitioners

Legislation cited

Subjects

  • anticipatory bail
  • injury report
  • Indian Penal Code
  • Arms Act
  • Section 482
  • high court
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30319 of 2026
                     Arising Out of PS. Case No.-39 Year-2017 Thana- BAKHTIYARPUR District- Patna
                 ======================================================
           1.     Parshuram Singh S/o Munarik Singh R/o Village - Chakdaulat, P.S -
                  Bakhtiyarpur, District - Patna
           2.     Nanhaku Singh S/o Late Siya Sharan Singh R/o Village - Chakdaulat, P.S -
                  Bakhtiyarpur, District - Patna
                                                                            ... ... Petitioners
                                                 Versus
                 The State of Bihar
                                                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar S.K., Advocate
                 For the Opposite Party/s :       Ms. Nirmala Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   08-05-2026                     Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                   2. In the present case, the petitioners are

                   apprehending their arrest in connection with Bakhtiyarpur P.S.

                   Case No. 39 of 2017, dated 11.02.2017, registered for the

                   offences punishable under Sections 147, 148, 149, 341, 323 and

                   324 of the Indian Penal Code and Section 27 of the Arms Act.

                                   3. As per prosecution case, petitioners and other co-

                   accused persons armed with pistol, country-made rifle, gadasa,

                   lathi and danda etc. assaulted the informant. The petitioner

                   Parshuram Singh and co-accused Balram Singh fired upon the

                   informant and petitioner Nanhaku Singh gave him the gadasa

                   blow causing injury to him. They also snatched his mobile
Patna High Court CR. MISC. No.30319 of 2026(2) dt.08-05-2026
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          phone, gold locket and rupees three thousand cash from his

          pocket.

                          4. Learned counsel for the petitioners submits that

          the petitioners are innocent and have falsely been implicated in

          this case. No offence in the manner as alleged has ever taken

          place. No injury report is available on record and no specific

          injury has been attributed to any of the petitioners. The

          allegation of opening fire is levelled against two persons and is

          not specific against petitioner no. 1. Similarly, no gadasa injury

          has been found on the informant which has been attributed

          against the petitioner, Nanhaku Singh. Learned counsel further

          submits that the investigation has been continuing in this case

          and the investigating officer has been seeking injury report of

          this case, but no injury report has been brought on record till

          date. Learned counsel further submits that the petitioners have

          no criminal history and similarly placed co-accused, namely

          Balram Singh has been granted the privilege of anticipatory bail

          by a learned co-ordinate Bench of this Court vide order dated

          30.04.2026 passed in Cr. Misc. No. 25627 of 2026.

                          5. Learned APP opposes the submissions made on

          behalf of the petitioners.

                          6. Having regard to the facts and circumstances and
          Patna High Court CR. MISC. No.30319 of 2026(2) dt.08-05-2026
                                                      3/3




                    submissions made on behalf of the parties and considering the

                    absence of injury report and also the absence of fire-arm injury

                    apparent from the rejection order and further considering the

                    grant of privilege of anticipatory bail to a similarly placed co-

                    accused, let the petitioners, above-named, in the event of their

                    arrest or surrender before the Court concerned within a period of

                    eight weeks from today, be released on bail, on furnishing bail

                    bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with

                    two sureties of the like amount each to the satisfaction of

                    learned Additional Chief Judicial Magistrate, Barh (Patna), in

                    connection with Bakhtiyarpur P.S. Case No. 39 of 2017,

                    subject to the conditions as laid down under Section 482(2) of

                    the B.N.S.S. and other following conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioners.

                                    (ii) The petitioners will remain present on each and

                    every date fixed by the Court below, if so required by the

                    learned trial Court.


                                                              (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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