Patna High Court
Parshuram SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Arms Act — s. 27
- Bihar Negotiable Securities Act — s. 482(2)
- Indian Penal Code — s. 147, 148, 149, 323, 324, 341
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
2/3
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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