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Patna High Court

Kamkhaya Narain Singh @ Kamkhaya Narayan SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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