Patna High Court

Parmanand Sah @ Parmanand KumarversusThe State of Bihar

Decided: 4 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Parmanand Sah, was arrested in connection with a case where an informant's brother was shot at in an open field and the petitioner was alleged to have helped the assailants escape. The prosecution charged him under multiple sections of the B.N.S., 2023 and Section 27 of the Arms Act. The petitioner contended that he was falsely implicated due to a land dispute between the informant and the seller of his land, and asserted no prior criminal record. The court examined the bail application, noting the lack of concrete eyewitness testimony and the petitioner's claim of innocence. Considering the circumstances, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the B.N.S., 2023 and the Arms Act
Whether the prosecution has established a prima facie case sufficient to deny bail

Legislation cited

Arms Act — s. 27
B.N.S., 2023 — s. 109, 117(2), 118(1), 126(2), 191(2), 191(3), 351(1), 61(2)

Subjects

bail
criminal procedure
false implication
land dispute
Arms Act
B.N.S. 2023
preliminary hearing

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4927 of 2026
                  Arising Out of PS. Case No.-248 Year-2025 Thana- KUNDWACHAINPUR District- East
                                                       Champaran
                 ======================================================
                 Parmanand Sah @ Parmanand Kumar S/o- Binod Sah @ Ram Binod Sah R/v-
                 Jatwaliya Ps- Kundawa Chainpur Dist- East Champaran

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Shyam Sundar Kumar, Advocate
                 For the Opposite Party/s :     Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   04-02-2026                     Heard Mr. Shyam Sundar Kumar, learned counsel

                   for the petitioner and Mr. Ajay Kumar Jha, learned APP for the

                   State.

                                2. The petitioner has prayed for bail in connection

                   with Kundawachainpur P.S. Case No. 248 of 2025 registered for

                   the offence punishable under Sections 191(2), 191(3), 61(2),

                   126(2), 118(1), 117(2), 109, 351(1) of the B.N.S., 2023 and

                   Section 27 of the Arms Act.

                                3. The case of the prosecution in short is that the

                   brother of the informant was called in sareh (open agricultural

                   field) and it is further alleged that certain miscreants were there

                   and they fired four gunshots at him. After this, the informant has

                   detailed the role of the accused persons, who are 12 in number.
Patna High Court CR. MISC. No.4927 of 2026(2) dt.04-02-2026
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          As far as the role of the petitioner is concerned, it has been

          submitted that he has assisted the miscreants in fleeing away.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner submits that the

          informant is not the eyewitness, and the way he has drafted the

          written application, it seems that it is an afterthought and

          concocted. He also submits that the petitioner has purchased

          land from one Shyam Kishore Dubey and Shyam Kishore

          Dubey is having land dispute with the informant; that is why he

          has been framed in this case. He further submits that a statement

          has been made in para 3 of the petition that petitioner has no

          criminal antecedent and he is languishing in judicial custody

          since 24.09.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
           Patna High Court CR. MISC. No.4927 of 2026(2) dt.04-02-2026
                                                       3/3




                     of the like amount each to the satisfaction of the learned

                     S.D.J.M., Dhaka East Champaran at Motihari in connection

                     with Kundwachainpur P.S. Case No. 248 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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