Kailash Singh v. The State Of Bihar
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, DistBanka. 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 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