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Patna High Court

Kaushal Kishore Singh @ Murari Singh @ Kaushal Kishore SardenduversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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