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Patna High Court

Kusahar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to specified financial security and conditions.

Summary

The petitioners, Kusahar Singh and his sons Kamlesh Kumar and Kismat Kumar, sought anticipatory bail fearing arrest in a police case (No. 216 of 2026) alleging assault on an informant and his grandson, with offences listed under various sections of the Indian Penal Code. The prosecution alleged that the petitioners, along with others, assaulted the informant with a lathi and khanti, fracturing his hand, and similarly injured the grandson. The petitioners contended that the incident stemmed from a land dispute, they had no specific role in causing the injuries, and they were ready to financially support the victims without admitting guilt. The State opposed the bail, but the court noted the lack of specific allegations, the familial relationship between parties, and the petitioners' clean antecedents. Consequently, the court granted anticipatory bail subject to a monetary security of Rs. 5,000 each via a demand draft and a bail bond of Rs. 10,000 each with two sureties, imposing conditions under Section 482(2) of the CrPC.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the serious offences alleged.
  • Whether the allegations against the petitioners are sufficiently specific to deny bail.
  • Whether the conditions imposed by the court are appropriate under Section 482(2) of the CrPC.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Criminal Procedure Code
  • Section 482
  • assault
  • family dispute
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44735 of 2026
                   Arising Out of PS. Case No.-216 Year-2026 Thana- UDWANTNAGAR District- Bhojpur
                 ======================================================
           1.     Kusahar Singh S/o Late Ram Prasad Singh Resident of Village- Raghopur,
                  P.S - Udwantnagar, District - Bhojpur
           2.    Kamlesh Kumar Singh @ Kamlesh Kumar S/o Kusahar Singh Resident of
                 Village- Raghopur, P.S - Udwantnagar, District - Bhojpur
           3.    Kismat Kumar @ Kismat Singh S/o Kusahar Singh Resident of Village-
                 Raghopur, P.S - Udwantnagar, District - Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Dharmesh Kumar Shrivastava, Adv.
                 For the Opposite Party/s :      Mrs.Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   08-07-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Udwant Nagar P.S. Case No. 216 of 2026 for

                   the offence punishable under sections 189(2), 191(2), 191(3),

                   126(2), 115(2), 117(2), 109, 303(2), 352, 351(2) of the BNS

                   lodged on 06.05.2026 by the informant.

                                3. As per the prosecution case, the allegation against

                   the petitioners is that they along with other accused persons

                   assaulted the informant by means of Lathi and Khanti on his

                   hand due to which his hand got fractured. When his grand son,
Patna High Court CR. MISC. No.44735 of 2026(2) dt.08-07-2026
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          namely, Ramsahay Kumar came to rescue the informant, he was

          also assaulted by Khanti on his head causing injury.

          Accordingly, the FIR.

                       4. Learned counsel for the petitioners submits that for

          the existing land dispute, the incident is said to have taken place

          and there is nothing specific against these petitioners to have

          caused injuries to the informant and his grand son. However,

          learned counsel for the petitioners submits that the petitioners

          being family members of the informant, they would be taking

          all care to the injured and are ready to provide the financial

          support for treatment of the injuries sustained by the informant

          and his grand son, without accepting their guilt. It has next been

          submitted both the parties are family members and the

          petitioners have got clean antecedent.

                        5. Learned APP opposes the prayer for anticipatory

          bail.

                       6. Considering the fact that all the aforesaid three

          petitioners are ready to provide financial support of Rs. 5,000/-

          each (Rs. 15,000/-) for the injuries sustained by the informant

          and his grand son and also considering the fact that allegation

          against petitioners not being specific, both the parties are family

          members, this Court is inclined to extend them the privilege of
Patna High Court CR. MISC. No.44735 of 2026(2) dt.08-07-2026
                                            3/4




          anticipatory bail, subject to payment of Rs.5,000/- each

          (altogether Rs. 15,000/-) by all the petitioners through demand

          draft issued by the local State Bank of India in favour of the

          informant which shall be handed over after checking his

          credentials.

                       7. Let the petitioners, above named, be released on

          bail in the event of arrest or surrender within a period of six

          weeks from the 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 Chief Judicial

          Magistrate, Bhojpur in connection with aforesaid PS Case,

          subject to the conditions as laid down under Section 482(2) of

          the BNSS as well as the following conditions:-

                                               (i) one of the bailors should be the
                                  family member/relative of the petitioner(s)
                                  who shall provide official document to show
                                  his/her bona fide;
                                               (ii) the petitioner(s) shall appear
                                  on each and every date before the Trial
                                  Court and failure to do so for two
                                  consecutive dates without plausible reason
                                  will entail cancellation of his/their        bail
                                  bond by the Trial Court itself;
                                               (iii) the petitioner(s) shall in no
                                  way try to induce or promise or threat the
             Patna High Court CR. MISC. No.44735 of 2026(2) dt.08-07-2026
                                                         4/4




                                               witnesses or tamper with the evidences,
                                               failing which the State shall be at liberty to
                                               take steps for cancellation of the bail bonds;
                                                            (iv) the petitioner(s) shall desist
                                               from committing any criminal offence again,
                                               failing which the State shall be at liberty to
                                               take steps for cancellation of his/their bail
                                               bonds.



                                                     (Ajit Kumar, J)
    perwez

U      T


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