Kisan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24951 of 2026 Arising Out of PS. Case No.-4 Year-2026 Thana- DHANSOI District- Buxar ====================================================== 1.

Kisan Singh Son of Late Sriniwash Singh, Resident of Village- Samahuta, P.S.- Dhansoi, District- Buxar.

2.

Shubham Singh Son of Bigan Singh, Resident of Village- Samahuta, P.S.- Dhansoi, District- Buxar.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Rang Nath Choubey, Advocate For the State :

Mr. Rana Randhir Singh, APP For the Informant :

Mr. Ravi Shankar Pathak, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-04-2026 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.

2. In the present case, the petitioners are apprehending their arrest in connection with Dhansoi P.S. Case No. 4 of 2026, dated 09.01.2026, registered for the offences punishable under Sections 126(2), 115(2), 352, 351(2), 109, 333 and 303(2) read with Section 3(5) of the B.N.S., 2023.

3. As per prosecution case, petitioners and other coaccused persons came to the house of the informant and hurling abuses, asked the informant to vacate the house. Police came and called both the sides to the Police Station, but the informant's side did not go there due to threat of violence given by the other side. On the very next day, at the instigation of co-

2/4 accused Bigan Singh, the petitioners and other co-accused persons, armed with lathi, danda and iron-rod, forcibly entered into the house of the informant and started ousting and assaulting the informant and his family members causing a number of injuries to them.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. The present case is a counter blast of Dhansoi P.S. Case No. 3 of 2026 registered under Sections 126(2), 115(2), 74, 352, 125(a) and 125(b) read with Section 3(5) of the B.N.S., 2023. Learned counsel further submits that the petitioners' side and the informant's side are agnates and co-sharers. There is dispute between them over the household property. A free-fight took place between them and both the sides received injuries. There was no intention to cause specific injury or death of any person. There is no specific allegation against the petitioners for causing any injury either to the informant or his family members. Similarly placed co-accused persons, namely Pinku Kumar and Bikesh Kumar have been granted the privilege of anticipatory bail vide order dated 22.04.2026 passed in Cr. Misc. No. 25797 of 2026 by a learned co-ordinate Bench of this Court. Learned counsel lastly submits that petitioners are having clean

3/4 antecedent.

5. Learned APP as well as learned counsel for the informant oppose the submissions made on behalf of the petitioners. Learned counsel for the informant submits that there is allegation against the petitioners and other co-accused persons that they assaulted informant and tried to oust him and his family members due to household dispute. He further submits that the uncle of the informant received injury on his head which is stated to be grievous and the said allegation is levelled against the petitioners and all the co-accused persons.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the earlier version of the petitioners' side and also considering the non-specific nature of allegation against the petitioners and further considering the background of admitted property dispute and possibility of false accusation, let the petitioners, abovenamed, in the event of their arrest or surrender before the Court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Dhansoi P.S. Case No. 4

4/4 of 2026, subject to the conditions as laid down under Section 482(2) 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.

(Arun Kumar Jha, J) Shahnawaz/- U T