Shakti Kushwaha @ Shakti Kumar Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89899 of 2025 Arising Out of PS. Case No.-119 Year-2025 Thana- DURAULI District- Siwan ====================================================== 1.

Shakti Kushwaha @ Shakti Kumar Kushwaha S/o Sri Ram Bhagat 2.

Devdat @ Devdat Kumar @ Devdat Kushwaha S/o Sri Ram Bhagat 3.

Sriram Bhagat S/o Ramvriksh Bhagat 4.

Devrat Kushwaha @ Devbrat Kushwaha S/o Sriram Bhagat All are R/o Village - Tandwa Parsiya, P.S - Darauli, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash Dwivedi, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-01-2026 Heard Mr. Ravi Prakash Dwivedi, learned counsel appearing on behalf of the petitioners and Mr. Anil Kumar, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Darauli P.S. Case No. 119 of 2025 registered for the offence(s) punishable under Sections 126(2), 115(2), 109, 303(2), 352, 351(2), 3(5) of the BNS.

3. As per the allegation made in the FIR, the accused persons named therein including the petitioners assaulted the informant and his brother, as a result of which, they sustained injuries. The accused persons also snatched away a golden chain of the informant, worth Rs.70,000/-.

Patna High Court CR. MISC. No.89899 of 2025(2) dt.15-01-2026 2/3

4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. There is case and counter case between the parties. The injuries sustained by the injured persons were found to be simple by the doctor. Petitioners have clean antecedents. On these grounds, petitioners seek to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions made on behalf of the parties, as well, having perused the allegation made in the FIR and also the fact that the injury sustained by the informant and his brother is simple in nature and petitioners have clean antecedent, I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judaical Magistrate, 1st Class, Siwan / Concerned Court in connection with Darauli

Patna High Court CR. MISC. No.89899 of 2025(2) dt.15-01-2026 3/3 P.S. Case No. 119 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T