Golu Kumar Kushwaha @ Golu Singh Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67154 of 2025 Arising Out of PS. Case No.-543 Year-2024 Thana- BHAGWANPUR HAT District- Siwan ====================================================== Golu Kumar Kushwaha @ Golu Singh Kushwaha son of Surendra Prasad Kushwaha @ Surendra Prasad R/o - Village- Zuafar, P.S. - Bhagwanpur Hat, District -Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Tetara Kumari Mr. Raju Prasad For the Opposite Party/s :

Ms. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in Bhagwanpur P. S. Case No.543 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2), 3(5) of the B.N.S.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that petitioner assaulted him by sword causing injury on head and thereafter again repeated the blow and assaulted him by the other side of the sword on his left hand causing fracture and thereafter, four other unknown accused, who were also present at the place of occurrence, jointly

Patna High Court CR. MISC. No.67154 of 2025(3) dt.01-12-2025 2/3 participated in the occurrence of assault.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that informant alleges that on 21.12.2024 at 6.00 P.M. he had gone to the market for purchasing vegetable and he had parked his motorcycle near a Smarak when petitioner along with other accused persons came and started abusing and thereafter forcibly snatched key of the motorcycle and the occurrence is alleged to have taken place. It is submitted that specific pleading has been made that petitioner is pursuing his Bachelor of Arts and in support of the same, admit card is annexed as Annexure2.

5. Learned A.P.P. opposes the anticipatory bail application and submits that from perusal of the case diary and the injury report, it manifests that the injury suffered by the injured on head and hand is opined to be grievous in nature. It is also submitted that petitioner is alleged to have repeated the blow and the investigation is in its nascent stages.

6. The learned counsel appearing on behalf of the petitioner, at this stage, reiterates and submits that petitioner is a

Patna High Court CR. MISC. No.67154 of 2025(3) dt.01-12-2025 3/3 student and even presuming what has been alleged is true without admitting, in that event, if petitioner is sent to Judaical custody, his entire career would get jeopardize and chances are bright that he come in contact with hardened criminals.

7. After hearing the learned counsel for the parties, the anticipatory bail application is disposed of with a direction to the petitioner to surrender before the learned trial Court on 16.12.2025 and the learned trial Court on the same day shall dispose of the application of the petitioner keeping in mind the fact that petitioner is a student and it is his first offence. (Satyavrat Verma, J) vikash/- U T