Patna High Court
Kamkhaya Narain Singh @ Kamkhaya Narayan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The court held that the petitioners are entitled to anticipatory bail subject to the stipulated conditions.
Summary
The petitioners, three brothers from Gaya district, were implicated in a land‑dispute case where the informant alleged they assaulted her and her son with firearms and an iron rod, causing injuries and alleged outraging of modesty. The petitioners claimed innocence, stating no injuries consistent with the alleged assault were found and that the injuries resulted from the informant falling. They sought anticipatory bail, arguing they had complied with Section 41(1) of the CrPC and that the charge‑sheet had already been filed. The State opposed the bail. The High Court, considering the facts and the long‑standing dispute, exercised its discretion under Section 438 CrPC and granted anticipatory bail with conditions, including a bail bond and sureties.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under the Criminal Procedure Code in view of the allegations of assault and other offences.
- Whether the petitioners are likely to tamper with evidence, influence witnesses, or abscond if released on bail.
Legislation cited
- B.N.S.S. — s. 482
- Criminal Procedure Code — s. 41(1)
- Indian Penal Code — s. 323, 34, 341, 342, 354(B), 379, 504, 506
Subjects
- anticipatory bail
- section 438 CrPC
- land dispute
- assault
- Indian Penal Code
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22788 of 2026
Arising Out of PS. Case No.-705 Year-2023 Thana- WAJIRGANJ District- Gaya
======================================================
1. Kamkhaya Narain Singh @ Kamkhaya Narayan Singh S/O Late Nageshwar
Singh Resident of Village- Manjhili Karjara, P.S- Wazirganj, District- Gaya.
2. Shankar Singh S/O Kamakhya Narain Singh @ Kamakhaya Narayan Singh
Resident of Village- Manjhili Karjara, P.S- Wazirganj, District- Gaya.
3. Rakesh Singh @ Shiv Kumar S/O Kamakhya Narain Singh @ Kamakhya
Naraign Singh Resident of Village- Manjhili Karjara, P.S- Wazirganj,
District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vishwa Ranjan Choudhary
For the Opposite Party/s : Mrs. Pushpa Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
3 06-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending their arrest in
connection with Wazirganj P.S. Case No. 705 of 2023 for the
offence under Sections 341, 342, 323, 354(B), 379, 504, 506
and 34 of the Indian Penal Code.
3. As per the prosecution story, the informant has
alleged that there had been a long-standing dispute with the
accused persons regarding a land and that about seven months
prior to the present occurrence, the accused persons had
assaulted the informant and her son, regarding which Wazirganj
P.S. Case No. 1403 of 2023 had already been instituted. It is
Patna High Court CR. MISC. No.22788 of 2026(3) dt.06-05-2026
2/3
further alleged that on 19.11.2023, petitioner no. 1 namely,
Kamakhya Narayan Singh arrived at the disputed land with a
tractor for ploughing the field. Upon noticing the same, the
informant Malti Devi, along with her son Niraj Kumar, went
there to prevent the accused persons from illegally cultivating
their land. At that time, Kamakhya Narayan Singh (petitioner
no. 1), armed with a gun, Shankar Singh (petitioner no. 2),
armed with a pistol, and Rakesh Singh (petitioner no. 3), armed
with an iron rod, allegedly assaulted the informant and her son
by butt of the firearms and the rod, causing severe injuries as a
result of which both of them became unconscious. The accused
persons also allegedly outraged the modesty of the informant by
tearing her saree and blouse and further snatched mobile phone
of her son bearing IMEI Nos. 862289044678585 and
862289044678593.
4.Learned counsel for the petitioners submits that the
petitioners are quite innocent and have been falsely implicated
in the present case. It is further submitted that no injury
corresponding to the alleged assault by the butt of a pistol or by
an iron rod was found on the person of the informant. According
to the petitioners, during the course of the scuffle, the informant
fell on the ground and sustained injuries. Learned counsel
Patna High Court CR. MISC. No.22788 of 2026(3) dt.06-05-2026
3/3
further submits that there is a case and counter-case between
both the parties arising out of a long-standing land dispute.
From perusal of the impugned order, it appears that the
petitioners have complied with the provisions of Section 41(1)
of the Cr.P.C., and after completion of investigation, the police
have already submitted charge-sheet against the petitioners in
the present case.
5. Learned APP opposes the prayer for bail.
6. Keeping in view the aforesaid facts, this Court is
inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners be released on bail in the event
of arrest or surrender within a period of four weeks from the
date of receipt of this order, on furnishing bail bond of Rs.
10,000/- (Ten thousand) each with two sureties of like amount
each to the satisfaction of learned Additional Chief Judicial
Magistrate-I, Gayajee, in connection with Wazirganj P.S. Case
No. 705 of 2023 subject to the conditions as laid down under
Section 482 of B.N.S.S., as also with the condition that one of
the bailors should be close relative of the petitioners.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
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