Created by Fuzzy Cloud

Patna High Court

Kailash SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.11687 of 2026(2) dt.12-03-2026
                                            2/4




          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
Patna High Court CR. MISC. No.11687 of 2026(2) dt.12-03-2026
                                            3/4




          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;
             Patna High Court CR. MISC. No.11687 of 2026(2) dt.12-03-2026
                                                         4/4




                                    (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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.