Patna High Court
Kaushal Kishore Singh @ Murari Singh @ Kaushal Kishore SardenduversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the petitioner was directly implicated as an assailant in a murder case.
Summary
The petitioner, Kaushal Kishore Singh, sought anticipatory bail after being named in an FIR for the murder of the informant's father under Sections 302 and 34 of the IPC and Section 27 of the Arms Act. The prosecution alleged that on 12 October 2023 the petitioner, along with co‑accused, fired at the victim, leading to his death. The petitioner claimed innocence, asserting that a long‑standing land dispute motivated false implication. The State and the informant opposed the bail, emphasizing the specific accusation that the petitioner was an assailant. The court examined the seriousness of the charges, the direct nature of the allegation, and the risk of tampering with evidence, and consequently rejected the anticipatory bail application. The petition for anticipatory bail was dismissed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the serious nature of the allegations under IPC Sections 302, 34 and Arms Act Section 27.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 302, 34
Subjects
- anticipatory bail
- murder
- IPC 302
- Arms Act
- Criminal Procedure Code
- Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5425 of 2026
Arising Out of PS. Case No.-256 Year-2023 Thana- SINDHIYA District- Samastipur
======================================================
Kaushal Kishore Singh @ Murari Singh @ Kaushal Kishore Sardendu Son of
Late Lalit Prasad Singh Resident of Village- Basudewa Sanhauli Ward No. 9,
P.S.- Singhia, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Choudhary Shyam Nandan, Advocate
For the State : Mr. Mohammed Arif, APP
For the Informant : Mr. Manoj Kumar Singh, Advocate
Ms. Sweta Suman, Advocate
Mr. Prabhat Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 302 and 34
of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, on 12.10.2023, all the
F.I.R. named accused persons, including this petitioner, along
with two other unknown persons, came and fired upon father of
informant due to which, during course of treatment, he died.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.5425 of 2026(2) dt.11-02-2026
2/2
committed no offence. As a matter of fact, on account of long
standing land dispute between the parties, petitioner has falsely
been implicated in this case.
5. On the other hand, learned A.P.P. for the State and
learned counsel for the informant have vehemently opposed the
prayer for grant of anticipatory bail to the petitioner and
submitted that petitioner is named in the F.I.R. with specific
accusation that he, along with co-accused Kalyan Kishore, shot
father of informant due to which, during course of treatment, he
died.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and the fact the
petitioner is assailant of the deceased, the prayer for grant of
anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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