Balram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25627 of 2026 Arising Out of PS. Case No.-39 Year-2017 Thana- BAKHTIYARPUR District- Patna ====================================================== Balram Singh S/O Munarik Singh R/O village - Chakdaulat, P.SBakhtiyarpur, District- Patna ... ... Petitioner/s

Versus

The state of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s :

Mrs. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 30-04-2026

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bakhtiyarpur P.S. Case no. 39 of 2017 registered under Sections 147, 148, 149, 341, 323, 324 of the IPC and Section 27 of the Arms Act.

3. Due to land dispute, on 17.01.2017, when the informant was going on his motorcycle, petitioner along with other FIR named accused persons assaulted the informant and petitioner fired a gunshot at the informant causing injury, thereafter, co-accused Parshuram Singh also fired upon informant but he saved himself. Co-accused Nankhu Singh gave an axe blow on the head of the informant and the accused persons took away the informant's mobile phone, gold chain and

Patna High Court CR. MISC. No.25627 of 2026(2) dt.30-04-2026 2/3 Rs. 3,000/- from the informant.

4. Learned counsel for the petitioner submits that the petitioner has been made an accused in a case under Section 324 of the IPC and Section 27 of the Arms Act with the allegation of opening fire on the informant along with another co-accused Parshuram Singh. Further, it is nowhere stated in the FIR that the informant received any fire arm injury rather it is stated that when he tried to flee away it was Nankhu Singh who inflicted with the blow of axe on his head causing injury to him. In the bail rejection order also there is no mention of the informant having suffered any fire arm injury. Further submission is that no empty cartridges has been recovered from the place of occurrence and the FIR is also lodged after a delay of 6 days.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Taking into consideration the aforesaid facts and circumstances of the case and also considering the delay in lodging of F.I.R coupled with the fact that the informant has no fire arm injury, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Bakhtiyarpur

Patna High Court CR. MISC. No.25627 of 2026(2) dt.30-04-2026 3/3 P.S. Case no. 39 of 2017 on 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 concerned where the case is pending/Successor Court, 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) khushbu/- U T