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Patna High Court

Kamlesh KushwahaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            3/4




          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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