Kusahar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44735 of 2026 Arising Out of PS. Case No.-216 Year-2026 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.
Kusahar Singh S/o Late Ram Prasad Singh Resident of Village- Raghopur, P.S - Udwantnagar, District - Bhojpur 2.
Kamlesh Kumar Singh @ Kamlesh Kumar S/o Kusahar Singh Resident of Village- Raghopur, P.S - Udwantnagar, District - Bhojpur 3.
Kismat Kumar @ Kismat Singh S/o Kusahar Singh Resident of VillageRaghopur, P.S - Udwantnagar, District - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dharmesh Kumar Shrivastava, Adv.
For the Opposite Party/s :
Mrs.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 08-07-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Udwant Nagar P.S. Case No. 216 of 2026 for the offence punishable under sections 189(2), 191(2), 191(3), 126(2), 115(2), 117(2), 109, 303(2), 352, 351(2) of the BNS lodged on 06.05.2026 by the informant.
3. As per the prosecution case, the allegation against the petitioners is that they along with other accused persons assaulted the informant by means of Lathi and Khanti on his hand due to which his hand got fractured. When his grand son,
2/4 namely, Ramsahay Kumar came to rescue the informant, he was also assaulted by Khanti on his head causing injury. Accordingly, the FIR.
4. Learned counsel for the petitioners submits that for the existing land dispute, the incident is said to have taken place and there is nothing specific against these petitioners to have caused injuries to the informant and his grand son. However, learned counsel for the petitioners submits that the petitioners being family members of the informant, they would be taking all care to the injured and are ready to provide the financial support for treatment of the injuries sustained by the informant and his grand son, without accepting their guilt. It has next been submitted both the parties are family members and the petitioners have got clean antecedent.
5. Learned APP opposes the prayer for anticipatory bail.
6. Considering the fact that all the aforesaid three petitioners are ready to provide financial support of Rs. 5,000/- each (Rs. 15,000/-) for the injuries sustained by the informant and his grand son and also considering the fact that allegation against petitioners not being specific, both the parties are family members, this Court is inclined to extend them the privilege of
3/4 anticipatory bail, subject to payment of Rs.5,000/- each (altogether Rs. 15,000/-) by all the petitioners through demand draft issued by the local State Bank of India in favour of the informant which shall be handed over after checking his credentials.
7. Let the petitioners, above named, be released on bail in the event of arrest or surrender within a period of six weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur in connection with aforesaid PS Case, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:- (i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or promise or threat the
4/4 witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his/their bail bonds.
(Ajit Kumar, J) perwez U T