Bhushan Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57713 of 2024 Arising Out of PS. Case No.-35 Year-2024 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== Bhushan Kushwaha Son of Uday Narayan Kushwaha R/V-VILLAGE -BANJARI, PS- GOPALGANJ, DISTRICT- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwajeet Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP Mr. Jitendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-02-2025 Heard the learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks regular bail in the present case registered for the offence under Sections 302, 120B/34 of the Indian Penal Code and under Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner is said to have accompanied the other accused persons namely Mukesh Kushwaha and Rajpal Kushwaha who have shot at the deceased. The petitioner is said to have fired in the air.

4. The learned counsel for the petitioner has submitted that the petitioner is in jail since 16.01.2024. He further submits that the deceased having criminal antecedents, and he had many enemies and he has been killed. The petitioner has falsely been

Patna High Court CR. MISC. No.57713 of 2024(4) dt.04-02-2025 2/2 implicated in the case and the trial is being delayed.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-VI, Gopalganj/concerned Court below in connection with Gopalganj P.S. Case No. 35 of 2024 subject to conditions that:- 7(i). The petitioner will mark his attendance at the Gopalganj Police Station on every Sunday of each month. Any default in appearance at the Police Station would result in automatic cancellation of bail bond of the petitioner.

7(ii) The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and noncooperation in the trial shall result in automatic cancellation of the bail bond of the petitioner. (Sandeep Kumar, J) Shishir/- U T