Patna High Court
Kailash SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners, subject to a bond of Rs.10,000, two sureties, and conditions prescribed under Section 480(3) of the B.N.S.S.
Summary
The petitioners, Kailash Singh and his son Rupesh Singh, were arrested in connection with a case (PS No. 313 of 2025) alleging assault and grievous injuries to the informant's son and wife, under multiple sections of the B.N.S., 2023. They claimed innocence, asserting that the case stemmed from a property dispute with the informant, who is also their brother, and that they have filed a counter‑case. The State opposed bail, while the petitioners' counsel highlighted their injuries, the familial relationship, and the length of custody since 20‑11‑2025. The court considered the facts, the inter‑party dispute, and the statutory provisions, and ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and additional requirements. The bail order includes conditions regarding surety, attendance in court, and cancellation upon non‑compliance.
Issues considered
- Whether bail should be granted to the accused under Section 480(3) of the B.N.S.S. in view of the serious offences alleged
- Whether the familial relationship and property dispute between the parties justify bail
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 117(2), 126(2), 191(2), 191(3), 303(2), 351(2), 352, 480(3)
Subjects
- bail
- assault
- grievous hurt
- property dispute
- Section 480(3)
- Criminal Procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4283 of 2026
Arising Out of PS. Case No.-313 Year-2025 Thana- DHORAIYA District- Banka
======================================================
1. Kailash Singh S/o- Late Govind Singh, R/v- Kaswa, PS- Dhoriya, Dist-
Banka.
2. Rupesh Singh S/o- Kailash Singh, R/v- Kaswa, PS- Dhoriya, Dist- Banka.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. In the present case, the petitioners seek bail in
connection with Dhoraiya P.S. Case No. 313 of 2025 dated
19.11.2025, registered for the offences punishable under
Sections 191(2), 191(3), 115(2), 126(2), 109(1), 117(2), 351(2),
352 and 303(2) of the B.N.S., 2023.
3. As per the prosecution case, petitioners and other
co-accused persons assaulted the son of the informant causing
fracture of his head and subsequent bleeding. When the
informant and his family members intervened, they were also
assaulted. The left hand of the wife of the informant was
fractured in the assaulted made by the co-accused Nitesh Singh.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.4283 of 2026(2) dt.28-01-2026
2/3
petitioners submits that petitioners are innocent and they have
falsely been implicated in the present case. The petitioner no. 1
and informant are full brothers and there is dispute between the
parties over ancestral property. There is case and counter case
between the parties as well and petitioners have filed Dhoraiya
P.S. Case No. 314 of 2025 against the informant and others.
Petitioners’ side has also received injuries in the hand of the son
of the informant. Learned counsel next submits that petitioners
are having antecedent of one case which has also been filed by
the informant of the present case. Learned counsel lastly
submits that petitioners are in custody since 20.11.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
case and counter case of the parties and also considering their
relationship and period of custody of the petitioners, the
petitioner, above-named, is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate 1st
Banka / concerned Court, in connection with Dhoraiya P.S.
Patna High Court CR. MISC. No.4283 of 2026(2) dt.28-01-2026
3/3
Case No. 313 of 2025, subject to the condition laid down under
Section 480(3) 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.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioners will be liable to be cancelled by the Court
concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
Checking your session…