Kailash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11687 of 2026 Arising Out of PS. Case No.-137 Year-2025 Thana- ASANWA District- Siwan ====================================================== 1.
Kailash Singh S/O Ramji Singh Resident of Village- Panchbeniya, P.S.- Asawn, Dist.- Siwan.
2.
Ramji Singh S/O Late Gulab Singh Resident of Village- Panchbeniya, P.S.- Asawn, Dist.- Siwan.
3.
Aajzad Singh S/O Ramji Singh Resident of Village- Panchbeniya, P.S.- Asawn, Dist.- Siwan.
4.
Dhananjay Singh S/O Ramji Singh Resident of Village- Panchbeniya, P.S.- Asawn, Dist.- Siwan.
5.
Prince Singh @ Prince Kumar Singh S/O Dhanji Singh Resident of VillagePanchbeniya, P.S.- Asawn, Dist.- Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-03-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending arrest in connection with Asawn P.S. Case No. 137 of 2025 lodged on 14.11.2025, for the offence punishable under Section 126(2), 115(2), 118(1), 109(1), 303(2), 352, 351(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act.
3. As per the prosecution, FIR has been lodged against 10 named accused persons including the present petitioners with
2/4 allegation that all the accused persons armed with iron rod and katta reached at the informant's house and demanded Rs.3,00,000/- as ransom and also abused the informant's mother. Upon oppose by the informant's family, they all attacked on the informant's family due to which injury has been caused to the brother of the informant and others. The allegation of snatching of Rs.10,000/- and samsung mobile is also there in the FIR. The accused persons also fired on the order of co-accused Sachidanand Pandey and they also threatened for ransom amount.
4. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. Counsel submits that the informant's side and the petitioners' side are resident of the same village and as per the allegation made in the FIR, it is crystal clear that the dispute has arisen between the parties due to land. Counsel further submits that for the same date and place of occurrence, there are case and counter case i.e. one case has been lodged from the petitioners' side bearing Asawn P.S. Case No. 138 of 2025 and the present case has been lodged from the informant's side bearing Asawn P.S. Case No. 137 of 2025. Counsel further submits that in the FIR initially, general and omnibus allegation has been made, but
3/4 subsequently, name of petitioner nos.1 & 3 has come alleging that they have made injury on the head. Counsel submits that the injury report of other case indicates that the petitioner no.1 has itself received injury which is grievous in nature. Counsel further submits that the petitioners have clean antecedent.
5. Learned APP for the State opposes the prayer for bail of the petitioners but fairly submits that from the record, it transpires that the dispute is relating to land, both parties are resident of the same village and injuries have been caused from both the sides.
6. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of A.C.J.M.-III, Siwan, in connection with Asawn P.S. Case No. 137 of 2025, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023 with further conditions:- (i) one of the bailor should be the family member of the petitioners who shall provide official document to show his bona fide;
4/4 (ii) the petitioners shall appear before the Trial Court on each and every scheduled date, and failure to do so for two consecutive dates without any plausible reason/explanation shall be resulted into cancellation of their bail bonds by the Trial Court itself;
7. The Trial Court is directed to verify the criminal antecedent(s) of the petitioners, and in case, it is found at any stage that the petitioners have concealed the fact about their criminal antecedent(s), the Trial Court shall take steps for cancellation of bail bond of the petitioners. However, the acceptance of the bail bonds in terms of the above-mentioned order shall not be delayed for the purpose of or in the name of verification.
(Dr. Anshuman, J) Divyansh/- U T