Patna High Court
Ram Parvesh SinghversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SONI SHRIVASTAVA
Holding
The Court dismissed the anticipatory bail application of petitioner No.1 as withdrawn and granted anticipatory bail to petitioners Nos.2‑5 subject to bond and statutory conditions.
Summary
The petitioners, five brothers, were charged in Barahiya P.S. Case No.139 of 2022 under IPC sections 341, 323, 324, 504 and 34 for alleged assault, with the first petitioner, Ram Parvesh Singh, specifically accused of attacking an informant with an axe. An anticipatory bail application was filed for all five accused; however, the first petitioner withdrew his application. The High Court allowed the withdrawal, dismissed his anticipatory bail, and permitted him to seek regular bail within three weeks. For petitioners two to five, the Court noted that the specific allegation pertained only to petitioner one and that the remaining accusations were general. Consequently, the Court granted anticipatory bail to petitioners two to five, subject to a bail bond of Rs.10,000 with two sureties and compliance with conditions under CrPC Section 438(2) and B.N.S.S, 2023 Section 482(2).
Issues considered
- Whether the anticipatory bail application of petitioner No.1 can be withdrawn and dismissed.
- Whether anticipatory bail should be granted to petitioners Nos.2‑5 despite general allegations under multiple IPC sections.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 307, 323, 324, 34, 341, 504
Subjects
- anticipatory bail
- withdrawal of bail application
- IPC assault
- CrPC Section 438
- B.N.S.S Section 482
- multiple accused
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3425 of 2026
Arising Out of PS. Case No.-139 Year-2022 Thana- BARHIYA District- Lakhisarai
======================================================
1. Ram Parvesh Singh S/O Late Ramdeo Singh R/O Khudha Dih, Ward No. 7,
P.S- Barahiya, Distt.- Lakhisarai.
2. Mannu Singh S/O Late Ramdeo Singh R/O Khudha Dih, Ward No. 7, P.S-
Barahiya, Distt.- Lakhisarai.
3. Subhkant Singh S/O Late Ramdeo Singh R/O Khudha Dih, Ward No. 7, P.S-
Barahiya, Distt.- Lakhisarai.
4. Naveen Singh S/O Late Ramdeo Singh R/O Khudha Dih, Ward No. 7, P.S-
Barahiya, Distt.- Lakhisarai.
5. Ramakant Singh S/O Late Ramdeo Singh R/O Khudha Dih, Ward No. 7,
P.S- Barahiya, Distt.- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajnish Chandra, Advocate
For the Opposite Party/s : Mr.Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. After some arguments, learned counsel for the
petitioners prays for withdrawal of the anticipatory bail
application on behalf of petitioner no.1 Ram Parvesh Singh.
3. Permission is granted.
4. The application is dismissed as withdrawn with
respect to petitioner no.1 only. However, liberty is granted that
if the petitioner no.1 surrenders and seeks regular bail within a
period of three weeks before the learned Court below, the same
Patna High Court CR. MISC. No.3425 of 2026(2) dt.28-01-2026
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shall be considered on its own merit without being prejudiced
by the present order of withdrawal preferably on the same day.
5. The petition now survives on behalf of petitioner
nos.2 to 5.
6. The petitioners apprehend their arrest in
connection with Barahiya P.S. Case no.139 of 2022 registered
under sections 341, 323, 324, 504 and 34 of the Indian Penal
Code.
7. The allegations in the F.I.R is that all accused
persons came variously armed and indulged in abuse and
assault. Accused Ram Parvesh Singh assaulted the informant by
means of axe causing injuries on his hand and stomach.
8. Learned counsel for the petitioners submits that it
would be apparent from the F.I.R that thrust of the allegation is
upon petitioner no.1 Ram Parvesh Singh (withdrawn) of having
assaulted on the hand and stomach of the informant by means of
axe causing injuries to him. It has also been submitted that
initially the case has been lodged under Section 324 and other
Section of the IPC but after charge-sheet having been submitted
in the case under Section 307 of IPC, cognizance has been taken
thereunder also.
9. The application for anticipatory bail is opposed by
Patna High Court CR. MISC. No.3425 of 2026(2) dt.28-01-2026
3/3
learned A.P.P. for the State.
10. Taking into consideration the aforesaid facts and
circumstances of the case and considering that specific
allegation of assaulting the informant is attributable to accused
Ram Parvesh Singh whose anticipatory bail application has
already been withdrawn and there is general and omnibus
allegation leveled against these petitioners, it is directed that the
petitioner nos.2 to 5, in the event of their arrest or surrender
before the learned Court below within a period of four weeks,
be released on anticipatory bail in connection with Barahiya P.S.
Case no.139 of 2022 on each of them 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 below
where the case is pending, 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)
Harsh/-
U T
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