Patna High Court
Bhishma Singh @ Bhisham Kumar @ Bhishma KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the bail application, granting bail on the stipulated conditions.
Summary
The petitioner, Bhishma Singh, filed an application fearing arrest in connection with Didarganj Police Station Case No. 423 of 2023, which was originally registered under IPC Sections 341, 323, 379, 506/34 and later taken in cognizance under Section 307 (attempt to murder). The prosecution alleged that the petitioner, along with others, assaulted an informant with intent to kill. The petitioner sought bail pending arrest or surrender. The High Court examined the charges and the procedural provisions, and decided to grant bail subject to a bond of Rs.10,000 with two sureties and compliance with conditions under Section 482 of the CrPC and Section 438(2) of the CrPC. The order directed that bail be released if the petitioner is arrested or surrenders within six weeks from the date of the order.
Issues considered
- Whether bail should be granted to the petitioner pending arrest in a case involving alleged assault and attempt to murder.
Legislation cited
- Code of Criminal Procedure — s. 438(2), 482
- Indian Penal Code — s. 307, 323, 34, 341, 379, 506
Subjects
- bail
- IPC
- CrPC
- assault
- attempt to murder
- anticipatory bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91046 of 2025
Arising Out of PS. Case No.-423 Year-2023 Thana- DIDARGANJ District- Patna
======================================================
Bhishma Singh @ Bhisham Kumar @ Bhishma Kumar Son of Late Shankar
Singh Resident of Village- Gyanchak, Kothia, P.S.- Didarganj, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Kumar Ambastha, Advocate
For the State : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Didarganj P.S. Case No. 423 of 2023 instituted under
Sections 341, 323, 379, 506/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner along
with other accused persons are said to have assaulted the
informant with an intention to kill him.
4. Initially, the case was registered under Sections
341, 323, 379, 506/34 of the Indian Penal Code and
chargesheet was submitted under Sections 341, 323, 506/34 of
the Indian Penal Code but cognizance has been taken under
Section 307 of the Indian Penal Code also.
5. Considering the aforesaid fact, this application is
Patna High Court CR. MISC. No.91046 of 2025(2) dt.28-01-2026
2/2
allowed.
6. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned JMFC, Patna
City/ concerned Court in connection with Didarganj P.S. Case
No. 423 of 2023, subject to the conditions laid down in Section
482 of the BNSS/ 438(2) of the Code of Criminal Procedure,
1973.
(Sandeep Kumar, J)
P. Kumar
U T
Checking your session…