Patna High Court
Kishan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the petitioner is entitled to bail subject to prescribed conditions.
Summary
Kishan Kumar was arrested in connection with the death of Munna Singh, alleged to have been assaulted by co‑accused Satrughan Singh and others, including the petitioner. The FIR also alleges that the petitioner assaulted Vicky Kumar with a sword, though no injury report or weapon description is on record. The petitioner sought bail, arguing that the specific fatal assault was attributable to Satrughan Singh and that the allegations against him are vague and unsupported. The informant opposed bail, citing a prior bail denial in a similar case (Kalyan Kumar). The court examined the post‑mortem report, noting only superficial head injuries from a fall, and found the petitioner's case distinguishable, granting bail with a cash bond and surety conditions.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under multiple sections of the Bharatiya Nyaya Sanhita and the Arms Act for alleged assault and homicide.
- Whether the petitioner's case can be distinguished from the earlier Kalyan Kumar bail denial on factual and evidentiary grounds.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103, 109, 115(2), 118(2), 126(2), 127(2), 190, 191, 192, 3(5), 61(2)
Subjects
- bail
- murder
- assault
- Bharatiya Nyaya Sanhita
- Arms Act
- post‑mortem report
- co‑accused
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1183 of 2026
Arising Out of PS. Case No.-313 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
======================================================
Kishan Kumar S/O Kedar Singh @ Kedar Nath Singh Village- Kauria Tole,
Fateh Rai, P.S.- Bhagwanpur Hat, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Kr. Shaswat Anand, Adv
For the Opposite Party/s : Mr. Shailendra Kumar Singh, A.P.P.
For the Informant : Mr. Bindhyachal Singh, Sr. Advocate
Mr. Aakash Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 15-05-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned senior counsel appearing on
behalf of informant.
2. The petitioner seeks bail in Bhagwanpur Hat P. S.
Case No. 313 of 2025 registered for offences under Sections
190, 191, 192, 126(2), 127(2), 115(2), 118(2), 109, 103, 61(2)
and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the
Arms Act.
3. As per F.I.R., it is specific case of informant that
co-accused Satrughan Singh assaulted on the head of Munna
Singh with Farsa, as a result of which, he fell down and
thereafter, this petitioner along with other co-accused persons
also assaulted him, as a result of which, he died. It is further
Patna High Court CR. MISC. No.1183 of 2026(3) dt.15-05-2026
2/3
alleged that this petitioner assaulted on the head of Vicky
Kumar with sword.
4. Learned counsel for the petitioner submits that
specific accusation of assault is against co-accused Satrughan
Singh, who caused the fatal injury on the head of deceased.
Allegation against petitioner of assaulting the deceased is
general and omnibus and there is no injury report on record
regarding the injury caused to Vicky Kumar, which itself
falsifies the allegation levelled against petitioner. Petitioner is in
custody since 29.07.2025. Chargesheet has been submitted.
5. Learned senior counsel for the informant
vehemently opposes the prayer for bail and submits that bail
application of co-accused Kalyan Kumar @ Kalyan Rawat has
already been rejected by this Court, vide order dated 27.01.2026
passed in Cr. Misc. No. 82718 of 2025 and petitioner’s case
stands on similar footing and as such, no favourable order is
required to be passed in this case.
6. In response thereto, learned counsel for the
petitioner submits that in the case of Kalyan Kumar (supra),
post-mortem report of deceased was not brought to the notice
and discussed and as such, petitioner’s case cannot be equated
with said case. In post-mortem report, only one head injury was
Patna High Court CR. MISC. No.1183 of 2026(3) dt.15-05-2026
3/3
found and rests are superficial in nature, caused due to fall after
head injury. Cause of death is head injury. He further submits
that in F.I.R., there is no mention about weapon, which was used
by this petitioner.
7. Considering the facts & circumstances of the case
as well as period of custody, let the above named petitioner be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Siwan /
concerned Court in connection with Bhagwanpur Hat P.S. Case
No. 313 of 2025 with following conditions:-
“(i) One of the bailors shall be
close relative of the petitioner.
(ii) Petitioner shall cooperate in the
trial and shall remain physically present on
each & every date, as fixed by the Trial Court,
and on his absence on two consecutive dates,
without prior permission/sufficient reason, his
bail-bond shall liable to be cancelled by the
Court concerned.”
(Prabhat Kumar Singh, J)
Navya/-
U T
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