Patna High CourtCR. MISC./63476/2025bail granted

Kamal Kishore Singh v. The State Of Bihar

2025-09-15Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63476 of 2025 Arising Out of PS. Case No.-115 Year-2021 Thana- COMPLAINT CASE District- Sheohar ====================================================== Kamal Kishore Singh S/O Ram Ayodhya Singh R/O Village- Kopgarh, P.Stiariyani, Distt.- Sheohar. ... ... Petitioner/s

Versus

The State of Bihar 2.

Nawal Kishore Singh S/O Mr. Ram Ayodhya Singh R/O Village- Kopgarh, P.S- Tariyani, Distt.- Sheohar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Mrs. Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP Mr. Uday Kumar, Adv.for OP-2 with Mr. Rahul Kumar & Mr. Raj Nr. Mishra.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

2. The petitioner apprehends his arrest in a complaint case punishable for the offence under Section 302/34 of the Indian Penal Code.

3. In the complaint petition, the complainant has alleged that petitioner is his own brother and dispute, with respect to several immovable properties, is going on between them, for which, a case is pending in the court of learned SubJudge, Sheohar. The complainant has further alleged that on the

Patna High Court CR. MISC. No.63476 of 2025(2) dt.15-09-2025 2/3 eve of Deepawali, he had a fight with this petitioner and further contention of complainant is that on 14.12.20218 at 7 AM, his son had gone to defecate, but he did not return and on search, his dead-body was found in a pond. The complainant/opposite party no. 2 suspects that this petitioner has killed son of complainant by strangulation due to property dispute.

4. Learned counsel for the petitioner submits that petitioner is own brother of complainant. Admittedly, there is property dispute between the parties, for which, cases are pending in the Civil Court. Complainant/opposite party no. 2 is not eye-witness to the occurrence and only suspicion has been raised against this petitioner on account of previous property dispute. Police, after investigation, submitted final form, however, differing with the same, the learned Magistrate took cognizance against petitioners. Petitioner claims clean antecedent.

5. Learned counsel for opposite party no.2 opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court concerned within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs.

Patna High Court CR. MISC. No.63476 of 2025(2) dt.15-09-2025 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sheohar in connection with Complaint Case No. 115 of 2021, subject to condition as laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S.

(Prabhat Kumar Singh, J) anay U T