Sandeep Kushwaha @ Sandeep Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42615 of 2025 Arising Out of PS. Case No.-166 Year-2025 Thana- KATEYA District- Gopalganj ====================================================== Sandeep Kushwaha @ Sandeep Kumar Son of Jairam Kushwaha @ Jayram Singh Resident of Village Lohati , PS Kateya, Distt- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Swarnima, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 14-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 3(5) of the Bharatiya Nyaya Sanhita.
3. The prosecution case, in brief, is that while the informant had gone to the market to purchase vegetables, the petitioner along with other co-accused persons arrived at the spot and started abusing him. It is further alleged that co-accused Guddu Pandey inflicted a
Patna High Court CR. MISC. No.42615 of 2025(2) dt.14-07-2025 2/3 knife blow on the informant, causing injuries. Another coaccused, Sintu Pandey, is alleged to have assaulted the informant with fists and slaps and to have snatched ₹1,000/- (one thousand rupees) from his possession. The specific allegation against the petitioner is that he pointed a country-made pistol at the informant and threatened him of dire consequences.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in the present case due to personal enmity and village politics. Neither he was apprehended on spot nor anything incriminating has been recovered from his conscious possession. It is further submitted that there is no allegation of firing of bullet. There is no specific allegation against the petitioner rather the allegation levelled against him is general and omnibus. There is no eye witness of the alleged offence. A statement has been made in para 3 of the petition that petitioner has no
Patna High Court CR. MISC. No.42615 of 2025(2) dt.14-07-2025 3/3 criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Kateya P.S. Case no. 166 of 2025, they will 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 learned Additional District Judge IX, Gopalganj, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(S. B. Pd. Singh, J) Nirajkrs/- U T