Created by Fuzzy Cloud

Patna High Court

Dr. Jageshwar Singh KaushalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to bail bonds and conditions, pending their cooperation with the investigation.

Summary

The petitioners—Dr. Jageshwar Singh Kaushal, his son Vijay Kumar Singh, and his wife Sunaina Devi—were implicated in a FIR alleging murder and multiple assaults under several sections of the Bihar Negotiable Substances (B.N.S.S) Act. They contended that the allegations were vague, that no specific charge was made against Vijay, and that the charge against Sunaina was ornamental, asserting they were falsely implicated. The State opposed anticipatory bail but could not refute the claim of lack of specific allegations. The Court, after considering the submissions, granted anticipatory bail to the petitioners, subject to a bail bond of Rs.10,000 with two sureties each and compliance with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., while reserving the right to cancel bail if they fail to cooperate with the investigation.

Issues considered

  • Whether anticipatory bail should be granted despite the FIR containing multiple serious charges.
  • Whether the petitioners have been specifically implicated in the offences alleged in the FIR.
  • Whether the petitioners' cooperation with the investigation is a condition for maintaining bail.

Legislation cited

  • Bihar Negotiable Substances (B.N.S.S) Act — s. 103(2), 109(1), 115(2), 118(1), 126(2), 3(5), 351(2), 352
  • Criminal Procedure Code — s. 438, 482

Subjects

  • anticipatory bail
  • FIR
  • false implication
  • Section 438 Cr.P.C.
  • Section 482 Cr.P.C.
  • Bihar Negotiable Substances Act
  • murder
  • assault
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40556 of 2026
                  Arising Out of PS. Case No.-46 Year-2026 Thana- KARPURIGRAM District- Samastipur
                 ======================================================
           1.     Dr. Jageshwar Singh Kaushal Son of Late Bechan Mahto @ Late Bechan
                  Singh Resident of Village- Baghi, Ward No. 6, P.S.- Karpurigram, District-
                  Samastipur.
           2.    Vijay Kumar Singh @ Vijay Kumar Son of Jageshwar Singh Kaushal @
                 Jageshwar Singh Resident of Village- Baghi, Ward No. 6, P.S.- Karpurigram,
                 District- Samastipur.
           3.    Sunaina Devi Wife of Jageshwar Singh Kaushal @ Jageshwar Singh
                 Resident of Village- Baghi, Ward No. 6, P.S.- Karpurigram, District-
                 Samastipur.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Surya Narayan Roy
                 For the Opposite Party/s :      Mr.Parmanand Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   09-07-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2.      The Investigating Officer of the case, in

                   compliance of the order dated 02.07.2026, is present in the

                   Court.

                                3. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 351(2), 352, 118(1), 109(1), 103(2) and 3(5) of the BNS.

                                4. Learned counsel appearing on behalf of the

                   petitioners submits that petitioners are persons with clean
Patna High Court CR. MISC. No.40556 of 2026(3) dt.09-07-2026
                                            2/4




          antecedent, petitioner no. 3 is a woman and the informant

          alleges that on 15.04.2026 at 12 noon Guddu and Raushan went

          out of the house to purchase some articles, but six named

          accused persons incuding the petitioners along with 3-4

          unknown accused intercepted them and Jageshwar (petitioner

          no. 1) gave order to kill on which Ranjay assaulted Guddu by

          butt of pistol causing injury on head, thereafter Ranjay assaulted

          indiscriminately when he fell causing injury on chest, back and

          ribs, while Mukul assaulted Raushan by an iron rod causing

          injury on head, next alleges that informant along with her

          husband came to save the victim but then Sunaina, Manju and

          Neha came and Neha and Manju caught her husband while

          Sunaina pressed his hydrocele on account of which he fell but

          Sunaina kept pressing his hydrocele while Vijay assaulted her

          husband by rod causing injury on head and neck thereafter

          Mukul also assaulted him causing death of her husband.

                       5. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that no

          specific allegation of assault is alleged against the petitioner no.

          2, namely, Vijay, it is further submitted that specific allegation
Patna High Court CR. MISC. No.40556 of 2026(3) dt.09-07-2026
                                            3/4




          of assaulting the husband of the informant is against Ranjay and

          Mukul on account of which he died, it is further submitted that

          as far as petitioner no. 3 is concerned, she is wife of petitioner

          no. 1 and mother of petitioner no. 2 as such entire family

          members have been implicated including the female member of

          the family. It is further submitted that it does not appear

          probable that petitioner no. 3 would have caught the hydrocele

          of the husband of the informant in presence of her husband and

          son. It is also submitted that even the postmortem report records

          the cause of dead on account of lungs and major blood vessel

          injury that caused cardio respiratory arrest and the nature of

          weapon used is hard and blunt. It is thus submitted that cause of

          death is not on account of               pressing the hydrocele of the

          informant’s husband, it is next submitted that petitioner no. 1 is

          implicated with an ornamental allegation that based on his order

          Ranjay assaulted Guddu.

                       6. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners but then is not in a position

          to rebut the submissions of the learned counsel appearing on

          behalf of the petitioners that no specific allegation is alleged

          against the petitioners no. 1 and 2 and allegation against

          petitioner no. 3 who is a woman is ornamental.
           Patna High Court CR. MISC. No.40556 of 2026(3) dt.09-07-2026
                                                       4/4




                                  7. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioners, let the

                     petitioners, above-named, in the event of their arrest or

                     surrender within a period of six weeks from today, be released

                     on anticipatory bail on furnishing bail bonds of Rs.10,000/-

                     (Rupees Ten Thousand) each with two sureties of the like

                     amount each to the satisfaction of the learned Trial Court where

                     the case is pending/Successor Court in connection with

                     Karpoorigram P.S. Case No. 46 of 2026,               subject to the

                     conditions as laid down under Section 438(2) of the

                     Cr.P.C./482(2) of the B.N.S.S.

                                  8. However, it is made clear that if the Investigating

                     Officer of the case files an application before the learned Trial

                     Court bringing to its notice that the petitioners, despite giving

                     assurance to this Court, are not cooperating in the investigation,

                     the learned Trial Court shall be at liberty to cancel the bail

                     bonds of the petitioners.



                                               (Satyavrat Verma, J)
vikram/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.