Chote Kushwaha @ Krishna Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86209 of 2025 Arising Out of PS. Case No.-218 Year-2025 Thana- DHANAHA District- West Champaran ====================================================== Chote Kushwaha @ Krishna Kushwaha S/o- Late Dharmvir Kushwaha R/vGhewrahi Ps-Dhanha Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sameer Ranjan For the Opposite Party/s :

Mr. Ajay Kumar No. 2 For the Informant :

Mr. Rudal Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-02-2026 Heard the learned counsel for the petitioner, the learned APP for the State, and the learned counsel for the informant.

2. The petitioner apprehends arrest in connection with Dhanha P.S. Case No. 218 of 2025 registered for offences Under Sections 191(2), 191(3), 190, 126(2), 115(2), 109(1), 117(2), 303(2), 352, and 351(2) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the petitioner is alleged to have assaulted Munna Yadav with a brick. The injury sustained by Munna Yadav has been found to be simple in nature.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence.

Patna High Court CR. MISC. No.86209 of 2025(2) dt.24-02-2026 2/3 He further submits that similarly situated co-accused Dharmendra Kushwaha and Others have been granted by this Court on 11.02.2026 in Cr. Misc. No. 82512 of 2025.

5. Learned APP for the State and the learned counsel for the informant have vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances of the case, and in light of the fact that similarly situated coaccused have already been granted bail by a co-ordinate Bench of this Court, this application for anticipatory bail is hereby allowed.

7. Accordingly, let the petitioner, above-named, in the event of arrest or surrender within four weeks from today in the Court below, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-1st, Bagaha, West Champaran/concerned Court below in connection with Dhanha P.S. Case No. 218 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS and with a further condition that:- (I). Before accepting the bail bonds of the petitioner, the Court below shall verify the antecedents of the petitioner. If the petitioner is found to have any criminal

Patna High Court CR. MISC. No.86209 of 2025(2) dt.24-02-2026 3/3 antecedents, other than Dhanha P.S. Case No. 240 of 2025, the bail bonds shall not be accepted. However, if the petitioner is found to have only one criminal antecedent, i.e., Dhanha P.S. Case No. 240 of 2025, the Court below shall accept the bail bonds of the petitioner forthwith.

8. The Injury Report produced by the learned counsel for the petitioner is taken on record.

(Sandeep Kumar, J) Shishir/- U T