Patna High Court
Kamlesh KushwahaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted to the petitioner subject to conditions under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Kamlesh Kushwaha, was charged with offences under Sections 147, 148, 149, 341, 323, 307, 302, 504 and 506 of the IPC arising from a land‑dispute that led to an assault and the death of the informant’s sister‑in‑law. The petitioner claimed he was falsely implicated, that the informant’s side was the aggressor, and highlighted his clean antecedent, the lack of multiple injuries on the deceased, and the fact that a co‑accused in similar circumstances had already been granted bail. The State opposed bail, emphasizing the specific allegation that the petitioner assaulted the deceased with bamboo and rod. The court examined the factual matrix, the medical report showing only a single wound, the petitioner’s prolonged custody, and the precedent of bail to the co‑accused, and concluded that bail was appropriate. Accordingly, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and other standard bail conditions.
Issues considered
- Whether the petitioner is entitled to bail despite being charged with serious offences under the IPC.
- Whether the lack of multiple injuries on the deceased negates the seriousness of the alleged assault.
- Whether the grant of bail to a similarly situated co‑accused influences the decision on bail for the petitioner.
Legislation cited
- B.N.S.S. — s. 480
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 341, 504, 506
Subjects
- bail
- Indian Penal Code
- land dispute
- false implication
- clean antecedent
- chargesheet
- Section 480(3)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1503 of 2026
Arising Out of PS. Case No.-238 Year-2024 Thana- KATEYA District- Gopalganj
======================================================
Kamlesh Kushwaha Son of Kanhaiya Kushwaha @ Kanhaiya Bhagat @
Kanhaiya Singh, Resident of Village - Patohawa, P.S.- Kateya, District -
Gopalganj, Bihar.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Indrajeet Bhushan, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with STR No. 690 of 2024, arising out of Kateya
P.S. Case No. 238 of 2024 dated 22.06.2024, registered for the
offences punishable under Sections 147, 148, 149, 341, 323,
307, 302, 504 and 506 of the Indian Penal Code.
3. As per the prosecution case, petitioner and other
co-accused persons came to a disputed land adjacent to the
house of the informant and started erecting some hedge. When
the informant opposed, they assaulted the informant and his
family members, causing a number of injuries to them. Further
allegation against the petitioner and other co-accused Munnilal
Kushwaha is of indiscriminately assaulting the sister-in-law of
Patna High Court CR. MISC. No.1503 of 2026(2) dt.15-01-2026
2/4
the informant with bamboo and rod, who succumbed to her
injuries during treatment.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has falsely been implicated in
the present case. The informant’s side is aggressor and they
assaulted a number of persons from petitioner’s side causing
serious injuries to them. For this, Kateya P.S. Case No. 239 of
2024 was registered against five accused persons of the
informant’s side. Title Partition Suit between the parties is also
pending vide Title Partition Suit No. 44 of 2024 over the
disputed land. Father of the petitioner is plaintiff no. 3 and the
informant is a defendant 1st set as defendant no. 6. It was the
petitioner’s side which was attacked by the informant’s side and
was at receiving end. During this scuffle, the deceased might
have fallen and sustained some injuries. The allegation of
indiscriminate assault against the petitioner and co-accused
persons gets falsified from the post-mortem report, which shows
only one lacerated wound of size 3.5” x 0.25” x bone deep over
the parietal region of skull and no other external injury has been
found over the body of the deceased. The co-accused Munnilal
Kushwaha with exactly same allegation as this petitioner, has
been granted bail by a learned co-ordinate Bench of this Court
Patna High Court CR. MISC. No.1503 of 2026(2) dt.15-01-2026
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vide order dated 19.12.2025 passed in Cr. Misc. No. 62898 of
2025. Learned counsel next submits that petitioner is having
clean antecedent and chargesheet has been submitted. Learned
counsel lastly submits that petitioner is in custody since
19.07.2024.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner and
submits that there is specific allegation against the petitioner
and other co-accused persons that they assaulted the deceased
with bamboo and rod.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
absence of injuries from alleged indiscriminate assault over the
deceased and also considering grant of bail to similarly placed
co-accused person and further considering petitioner’s period of
custody, his clean antecedent and submission of chargesheet, the
petitioner, above-named, is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned Additional Sessions Judge-IX,
Gopalganj / concerned Court, in connection with Kateya P.S.
Case No. 238 of 2024, subject to the condition laid down under
Patna High Court CR. MISC. No.1503 of 2026(2) dt.15-01-2026
4/4
Section 480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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