Patna High Court
Kailash SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is granted to the petitioners with specified conditions.
Summary
The petitioners, five residents of Panchbeniya village, sought anticipatory bail after an FIR (Asawn PS Case No. 137 of 2025) alleged they, armed with iron rods, demanded a ransom, assaulted the informant’s family, and committed theft and firing, invoking several offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The petitioners contended they were innocent, asserting the dispute stemmed from a land conflict and that a counter‑case (Case No. 138 of 2025) had been filed by them, indicating mutual injuries and a clean criminal record. The State opposed bail, emphasizing the seriousness of the charges. The court, noting the land‑related nature of the dispute, injuries on both sides, and the petitioners’ clean antecedent, granted anticipatory bail subject to a bond, surety conditions, and compliance with procedural requirements. The trial court was directed to verify antecedents and cancel bail if concealment is discovered.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023 in view of the FIR alleging multiple offences.
- Whether the land‑dispute context and mutual injuries justify the grant of bail despite serious charges.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 2(1)(d), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- land dispute
- criminal antecedent
- FIR
- Bharatiya Nyaya Sanhita
- Arms Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11687 of 2026
Arising Out of PS. Case No.-137 Year-2025 Thana- ASANWA District- Siwan
======================================================
1. Kailash Singh S/O Ramji Singh Resident of Village- Panchbeniya, P.S.-
Asawn, Dist.- Siwan.
2. Ramji Singh S/O Late Gulab Singh Resident of Village- Panchbeniya, P.S.-
Asawn, Dist.- Siwan.
3. Aajzad Singh S/O Ramji Singh Resident of Village- Panchbeniya, P.S.-
Asawn, Dist.- Siwan.
4. Dhananjay Singh S/O Ramji Singh Resident of Village- Panchbeniya, P.S.-
Asawn, Dist.- Siwan.
5. Prince Singh @ Prince Kumar Singh S/O Dhanji Singh Resident of Village-
Panchbeniya, P.S.- Asawn, Dist.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Asawn P.S. Case No. 137 of 2025 lodged on
14.11.2025, for the offence punishable under Section 126(2),
115(2), 118(1), 109(1), 303(2), 352, 351(2) & 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act.
3. As per the prosecution, FIR has been lodged against
10 named accused persons including the present petitioners with
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allegation that all the accused persons armed with iron rod and
katta reached at the informant’s house and demanded
Rs.3,00,000/- as ransom and also abused the informant’s mother.
Upon oppose by the informant’s family, they all attacked on the
informant’s family due to which injury has been caused to the
brother of the informant and others. The allegation of snatching
of Rs.10,000/- and samsung mobile is also there in the FIR. The
accused persons also fired on the order of co-accused
Sachidanand Pandey and they also threatened for ransom
amount.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence.
Counsel submits that the informant’s side and the petitioners’
side are resident of the same village and as per the allegation
made in the FIR, it is crystal clear that the dispute has arisen
between the parties due to land. Counsel further submits that for
the same date and place of occurrence, there are case and
counter case i.e. one case has been lodged from the petitioners’
side bearing Asawn P.S. Case No. 138 of 2025 and the present
case has been lodged from the informant’s side bearing Asawn
P.S. Case No. 137 of 2025. Counsel further submits that in the
FIR initially, general and omnibus allegation has been made, but
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subsequently, name of petitioner nos.1 & 3 has come alleging
that they have made injury on the head. Counsel submits that the
injury report of other case indicates that the petitioner no.1 has
itself received injury which is grievous in nature. Counsel
further submits that the petitioners have clean antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioners but fairly submits that from the record, it
transpires that the dispute is relating to land, both parties are
resident of the same village and injuries have been caused from
both the sides.
6. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of A.C.J.M.-III, Siwan, in connection with Asawn
P.S. Case No. 137 of 2025, subject to the conditions as laid
down U/s 482(2) of the B.N.S.S., 2023 with further conditions:-
(i) one of the bailor should be the family member of
the petitioners who shall provide official document to show his
bona fide;
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(ii) the petitioners shall appear before the Trial Court
on each and every scheduled date, and failure to do so for two
consecutive dates without any plausible reason/explanation shall
be resulted into cancellation of their bail bonds by the Trial
Court itself;
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioners, and in case, it is found at any
stage that the petitioners have concealed the fact about their
criminal antecedent(s), the Trial Court shall take steps for
cancellation of bail bond of the petitioners. However, the
acceptance of the bail bonds in terms of the above-mentioned
order shall not be delayed for the purpose of or in the name of
verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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