Golu Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40234 of 2025 Arising Out of PS. Case No.-128 Year-2025 Thana- BETTIAH CITY District- West Champaran ====================================================== Golu Kushwaha S/o Yadunanadan Kushwaha Resident of Village- Koiry Tola, P.S.- Bettiah, Town, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajeet Kumar Bhawdwaj, Advocate For the Opposite Party/s :
Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 18-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offences punishable u/s 126(2), 115(2), 118(2), 109(1), 324(1), 329(1), 3(5) of the BNS, 2023.
3. The allegation in the F.I.R is that the petitioner along with other accused persons came variously armed at the door of the informant and hurled abuses upon him. On protest, the petitioner gave a knife blow on the head of Rahul Ranjan due to which he sustained injury. The informant's cousin Rohit Tiwari, who came to the rescue of the informant, was also assaulted by other accused persons.
4. Learned counsel for the petitioner submits that in the entire FIR, the allegation on the petitioner is confined to
Patna High Court CR. MISC. No.40234 of 2025(3) dt.18-07-2025 2/2 giving a knife blow on the right arm of Rahul Ranjan due to which he sustained injury. Learned counsel for the petitioner invites the attention of this Court to the injury report of said Rahul Ranjan and the said injury report shows that the injury is simple in nature caused by sharp object. It is also submitted that there has been no repetition of blow and as such an offence under Section 109(1) of the BNS, 2023 would not be made out in the facts of the present case. It is next submitted on behalf of the petitioner that he has been languishing in custody since 21.03.2025. The petitioner undertakes to co-operate in case/trial.
5. Learned APP for the State, however, opposes the prayer for regular bail.
6. Considering the above-mentioned facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bettiah Town P.S. Case No. 128 of 2025.
(Soni Shrivastava, J) Harsh/- U T