Patna High Court
Kisan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioners, holding that the non‑specific nature of the allegations and the property dispute context warranted release under Section 482(2) of the B.N.S.S.
Summary
The petitioners, Kisan Singh and Shubham Singh, sought bail in a criminal case (Dhansoi P.S. Case No. 4 of 2026) alleging they were falsely implicated in assaults on an informant’s house over a property dispute. The prosecution alleged that the petitioners, along with co‑accused, entered the informant’s house armed and assaulted family members, invoking several sections of the B.N.S., 2023. The petitioners contended that the incident was a mutual fight arising from a household property dispute, with no specific intent to cause grievous injury, and that the allegations against them were non‑specific and possibly false. The State and the informant opposed bail, emphasizing the injuries sustained, particularly a grievous head injury to the informant’s uncle. The Court, noting the background of a property dispute, the lack of specific allegations, and the possibility of false accusation, ordered the petitioners to be released on bail subject to conditions under Section 482(2) of the B.N.S.S. and a cash bond of Rs 10,000 with sureties.
Issues considered
- What is the adequacy of the specific allegations against the petitioners to justify denial of bail?
- Does the property dispute background and possibility of false accusation warrant bail under Section 482(2) of the B.N.S.S.?
- Are the conditions imposed by the Court sufficient to ensure the petitioners’ appearance before the trial court?
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 125(a), 125(b), 126(2), 303(2), 333, 3(5), 351(2), 352, 74
- B.N.S.S. — s. 482(2)
Subjects
- bail
- anticipatory bail
- property dispute
- assault
- false accusation
- Section 482
- B.N.S. 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24951 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- DHANSOI District- Buxar
======================================================
1. Kisan Singh Son of Late Sriniwash Singh, Resident of Village- Samahuta,
P.S.- Dhansoi, District- Buxar.
2. Shubham Singh Son of Bigan Singh, Resident of Village- Samahuta, P.S.-
Dhansoi, District- Buxar.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Rang Nath Choubey, Advocate
For the State : Mr. Rana Randhir Singh, APP
For the Informant : Mr. Ravi Shankar Pathak, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the informant.
2. In the present case, the petitioners are
apprehending their arrest in connection with Dhansoi P.S. Case
No. 4 of 2026, dated 09.01.2026, registered for the offences
punishable under Sections 126(2), 115(2), 352, 351(2), 109, 333
and 303(2) read with Section 3(5) of the B.N.S., 2023.
3. As per prosecution case, petitioners and other co-
accused persons came to the house of the informant and hurling
abuses, asked the informant to vacate the house. Police came
and called both the sides to the Police Station, but the
informant’s side did not go there due to threat of violence given
by the other side. On the very next day, at the instigation of co-
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accused Bigan Singh, the petitioners and other co-accused
persons, armed with lathi, danda and iron-rod, forcibly entered
into the house of the informant and started ousting and
assaulting the informant and his family members causing a
number of injuries to them.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated in
this case. The present case is a counter blast of Dhansoi P.S.
Case No. 3 of 2026 registered under Sections 126(2), 115(2), 74,
352, 125(a) and 125(b) read with Section 3(5) of the B.N.S.,
2023. Learned counsel further submits that the petitioners’ side
and the informant’s side are agnates and co-sharers. There is
dispute between them over the household property. A free-fight
took place between them and both the sides received injuries.
There was no intention to cause specific injury or death of any
person. There is no specific allegation against the petitioners for
causing any injury either to the informant or his family
members. Similarly placed co-accused persons, namely Pinku
Kumar and Bikesh Kumar have been granted the privilege of
anticipatory bail vide order dated 22.04.2026 passed in Cr. Misc.
No. 25797 of 2026 by a learned co-ordinate Bench of this Court.
Learned counsel lastly submits that petitioners are having clean
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antecedent.
5. Learned APP as well as learned counsel for the
informant oppose the submissions made on behalf of the
petitioners. Learned counsel for the informant submits that there
is allegation against the petitioners and other co-accused persons
that they assaulted informant and tried to oust him and his
family members due to household dispute. He further submits
that the uncle of the informant received injury on his head
which is stated to be grievous and the said allegation is levelled
against the petitioners and all the co-accused persons.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
earlier version of the petitioners’ side and also considering the
non-specific nature of allegation against the petitioners and
further considering the background of admitted property dispute
and possibility of false accusation, let the petitioners, above-
named, in the event of their arrest or surrender before the Court
concerned within a period of eight weeks from today, be
released on bail, on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Buxar, in connection with Dhansoi P.S. Case No. 4
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of 2026, subject to the conditions as laid down under Section
482(2) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners will remain present on each and
every date fixed by the Court below, if so required by the
learned trial Court.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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