Patna High Court
Shambhu Ram @ Sham Prabhu RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is denied for petitioner 1 but granted to petitioner 2 subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Shambhu Ram and his son Gulshan Kumar, were implicated in a FIR for offences under the Bharatiya Nyaya Sanhita (sections 115(2), 109, 352, 351(2), 74, 3(5)) and Section 27 of the Arms Act, including alleged indiscriminate firing and causing a gunshot injury to the informant's husband. They applied for anticipatory bail, arguing that the charge against petitioner 2 was vague and no specific overt act was alleged against him, whereas petitioner 1 faced a specific allegation of causing firearm injury. The State opposed the bail applications. The Court held that because a specific allegation of firearm injury existed against petitioner 1, his anticipatory bail was refused. Conversely, the Court granted anticipatory bail to petitioner 2, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to petitioner 1 who is specifically alleged to have caused a firearm injury.
- Whether anticipatory bail should be granted to petitioner 2 where the allegation is general and no specific overt act is alleged.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 3(5), 351(2), 352, 482(2), 74
Subjects
- anticipatory bail
- firearm injury
- Bharatiya Nyaya Sanhita
- Arms Act
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.417 of 2026
Arising Out of PS. Case No.-350 Year-2024 Thana- SIKANDRA District- Jamui
======================================================
1. Shambhu Ram @ Sham Prabhu Ram S/O Late Bisundeo Ram @ Bisudev
Ram R/O Village- Pohe, P.S - Sikandra, District- Jamui.
2. Gulshan Kumar S/O Shambhu Ram @ Sham Prabhu Ram R/O Village-
Pohe, P.S - Sikandra, District- Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the Opposite Party/s : Md. Matloob Rab, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 115(2), 109, 352, 351(2),
74, 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the
Arms Act.
3. As per prosecution case, all the F.I.R. named
accused persons, including made indiscriminate firing and
damaged household articles as well as Bolero vehicle. Petitioner
no. 1 is alleged to have caused gunshot injury to the husband of
informant.
4. Learned counsel appearing for the petitioners
Patna High Court CR. MISC. No.417 of 2026(2) dt.10-02-2026
2/2
submits that specific accusation of causing firearms injury is
against petitioner No. 1. So far petitioner no. 2 is concerned,
allegation against him is general and omnibus and there is no
allegation of any specific overt act against him.
5. Learned counsel for the State opposed the bail
application.
6. In view of the fact that petitioner No. 1 caused
firearms injury, prayer for anticipatory bail of petitioner No.
1 is refused. However, considering the nature of accusation
against petitioner no. 2, the anticipatory bail with regard to
petitioner no. 2 is allowed and it is ordered that the above
named petitioner no. 2 in the event of his arrest/surrender before
the court below within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of Chief Judicial Magistrate, Jamui in connection
with Sikandra P. S. Case No. 350 of 2024, subject to condition
as laid down under Section 482(2) of the BNSS.
(Prabhat Kumar Singh, J)
Navya/-
U T
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