Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48318 of 2026 Arising Out of PS. Case No.-81 Year-2019 Thana- PIPRIYA District- Lakhisarai ====================================================== Prakash Singh S/o Late Baleshwar Singh Resident Of VillageRamchandrapur, P.S- Piparia, Distt- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Nibash Prasad For the Opposite Party/s :

Ms.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-07-2026 Heard learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Piparia P.S. Case No. 81of 2019, registered for the offences punishable under Sections 147/148/149/341/323/307 of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegedly on the given date and time of occurrence, all the accused persons, including the petitioner along with some unknown persons, variously armed came there and started assaulting the informant and others. It is specifically alleged that the petitioner along with one Janjir Kumar resorted indiscriminate firing due to which the bullet which was fired by this petitioner hit on the right side of his back and further bullet which was fired by co-accused Janjir Kumar has passed away

Patna High Court CR. MISC. No.48318 of 2026(2) dt.22-07-2026 2/3 by touching his ear. There is further allegation against others.

4. Learned Advocate for the petitioner submitted that the entire case falls to the ground for the simple reason that the informant sustained only a simple injury described as reddish black crush Injury on the right side of bank measuring 4 cm in length, which has been opined to be simple in nature, though caused by a firearm. The reason of false implication of the petitioner is said to be previous enmity and moreover the allegation of firing levelled against three persons and only one injury has been found.

5. On the other hand, learned Advocate for the State vehemently opposes the bail application and submits that the petitioner is carrying three criminal antecedent and there is specific accusation of causing firearm though the informant was fortunate enough that the injury inflicted upon him was simple in nature. It is further contended that the FIR was instituted in the year 2019 and the petitioner has been evading his arrest since long.

6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the fact that the petitioner has come up before this Court for grant of anticipatory bail in a case instituted in the year 2019,

Patna High Court CR. MISC. No.48318 of 2026(2) dt.22-07-2026 3/3 besides there is specific accusation of firing and he is carrying three criminal antecedent, this Court is not acceded to extend the prayer for grant of anticipatory bail to the petitioner. Accordingly the same stands rejected.

7. However, if the petitioner surrenders and seek regular bail, the court below shall consider the same without being prejudiced by the order of this Court.

(Harish Kumar, J) Anjani/- U T