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Patna High Court

Paramendra SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to bond and conditions.

Summary

Paramendra Singh was charged under Sections 126(2), 115(2), 352, 351(2) of the B.N.S. and Section 27 of the Arms Act for allegedly assaulting and threatening the informant during a boundary dispute on 7 August 2025. The petitioner argued that the dispute was petty, no injury was caused, no firearm or ammunition was recovered, and there were no independent eyewitnesses. The State opposed bail, citing the petitioner’s criminal antecedents. The court examined the lack of physical injury, absence of seized weapons, and the nature of the dispute, and concluded that these factors mitigated the risk of flight or tampering. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding surety relations and court attendance.

Issues considered

  • Whether bail should be granted to the accused under the charged offences given the facts of the case
  • Whether the petitioner’s criminal antecedents warrant denial of bail

Legislation cited

Subjects

  • bail
  • assault
  • threat
  • arms act
  • criminal antecedents
  • no injury
  • boundary dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74421 of 2025
                        Arising Out of PS. Case No.-274 Year-2025 Thana- SISWAN District- Siwan
                 ======================================================
                 Paramendra Singh S/o Madan Singh Resident of Village- Bhikhpur, P.S-
                 Bhagwanpur, District- Siwan, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shailendra Kumar Singh, Advocate
                                          :       Mr. Prashant Bhushan, Advocate
                 For the State            :       Mr. Ram Sevak Choudhary, APP
                 For the Informant        :       Ms. Kumari Anupama, Advocate
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   12-02-2026                    Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                     2. The petitioner seeks bail in a case registered for

                   the offence punishable under Sections 126(2), 115(2), 352,

                   351(2) of the B.N.S. and Section 27 of the Arms Act.

                                     3. As per the prosecution case, the informant

                   alleged that on 07.08.2025 at about 5:00 O’clock, neighbour of

                   the informant was cutting small plants from his boundary.

                   When the informant raised objection, the petitioner hurled

                   abuses and threatened to kill and also assaulted the informant

                   with fists and slaps.

                                     4. The learned counsel for the petitioner submits

                   that there is long standing dispute between the petitioner and
Patna High Court CR. MISC. No.74421 of 2025(4) dt.12-02-2026
                                            2/3




          the informant and it is only on account of a petty dispute that

          the present case has been lodged which would be evident from

          the First Information Report itself. As a matter of fact, neither

          there is any injury caused by any firing nor any bullet shells

          have been recovered from the place of occurrence. Further,

          there is no independent eye-witness and no arms have also

          been seized from the possession of this petitioner. The

          petitioner is in custody since 06.09.2025 and charge-sheet has

          been submitted on 12.10.2025.

                         5. Learned APP for the State and learned counsel

          for the informant, however, opposed the grant of bail on the

          ground that the petitioner has criminal background and he has

          several criminal antecedents, in response of the same it has

          been submitted that the petitioner is on bail in all the cases and

          the cases arise out of dispute between the agnates.

                         6. Taking into consideration the facts and

          circumstances and also considering the fact that no injury has

          been caused to anyone in the entire transaction nor any bullet

          or firearm has been seized from the petitioner or from the place

          of occurrence, let the above named petitioner, be released on

          bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the
            Patna High Court CR. MISC. No.74421 of 2025(4) dt.12-02-2026
                                                        3/3




                      satisfaction     of    the     learned     Chief     Judicial   Magistrate,

                      Siwan/concerned Court below in connection with Siswan P.S.

                      Case No. 274 of 2025 subject to condition that:-

                                              (i) One of the bailors will be his own blood
                              relative, preferably, father, mother, brother, sister and/or his
                              wife.
                                              (ii)   The petitioner shall remain physically
                              present in court on each and every date during trial and in the
                              event of failure on two consecutive dates without sufficient
                              reasons, his bail bonds shall be liable to be cancelled by the
                              learned court concerned.



                                                (Soni Shrivastava, J)
anand/-
U       T


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