Patna High Court
Kusahar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 109, 115(2), 117(2), 126(2), 189(2), 191(2), 191(3), 303(2), 351(2), 352
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,
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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
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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
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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
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