Patna High Court
Kamlesh Kumar Singh @ Kamlesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court denied anticipatory bail to the petitioner.
Summary
Kamlesh Kumar Singh sought anticipatory bail in a case (P.S. Case No.96 of 2022) where he is accused, along with others, of intentionally hitting an informant with a pickup van with intent to kill, under multiple offences of the Bharatiya Nyaya Sanhita, 2023. The petitioner argued that the allegations are vague, politically motivated, and that he has been granted bail in four other cases and acquitted in one. The State opposed the bail, emphasizing the seriousness of the charges. The Patna High Court, after hearing both sides, declined to grant anticipatory bail, directing that if the petitioner surrenders within six weeks, the trial court should decide his surrender‑cum‑bail application on the same day without prejudice to the rejection of anticipatory bail. The order reflects the court's view that the petition does not merit pre‑trial release given the nature of the offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences.
- Whether the accusations against the petitioner are sufficiently specific to warrant bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 279, 307, 325, 337, 338, 34, 341, 427, 506
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- political rivalry
- specific accusation
- surrender-cum-bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26902 of 2026
Arising Out of PS. Case No.-96 Year-2022 Thana- PIPRA District- East Champaran
======================================================
Kamlesh Kumar Singh @ Kamlesh Singh S/O Late Ramji Singh Resident of
village- Jamuniya Kherimal, PS- Pipra, District-East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharda Nand Mishra, Advocate
For the Opposite Party/s : Mr.Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 22-04-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The petitioner who apprehends arrest in connection
with Pipra P.S. Case No. 96 of 2022 lodged on26.03.2022, for
the offences punishable under sections 341, 325, 307, 427, 506,
279, 337, 338, 34 of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, the accused persons,
including the petitioner, are alleged to have intentionally hit the
informant with a pickup van with an intention to kill him.
4. It is submitted by learned counsel for the petitioner
that the petitioner is innocent and has committed no offence.
The accusation against the petitioner is not specific in nature.
The present case has been instituted on a concocted story due to
political rivalry. It is further submitted that for the alleged
Patna High Court CR. MISC. No.26902 of 2026(2) dt.22-04-2026
2/2
occurrence dated 25.03.2022 at 4:30 p.m., the F.I.R. was lodged
on 26.03.2022 at 4:00 p.m. It is also submitted that though the
petitioner is accused in five other criminal cases, out of the said
five cases, he has been granted bail in four cases and has been
acquitted in one case.
5. Learned APP for the State vehemently opposes the
prayer for bail.
6. In this background, this Court is not inclined to
grant bail to the petitioner. Accordingly, the prayer for bail of
the petitioner in connection with the aforementioned case,
pending before the learned CJM, East Champaran at Motihari is
hereby rejected.
7. However, if the petitioner surrenders before the
Trial Court within six weeks from today, the Trial Court is
directed to pass an order on his surrender-cum-bail application
on the same day, without being prejudiced by the fact that the
petitioner’s anticipatory bail has been rejected by this Court.
(Dr. Anshuman, J)
Ashwini/-
U T
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