Patna High Court
Babu Lal Kushwaha @ Barmeshwar SinghversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to petitioners No.2,4,5,6 and 8, subject to the conditions of Section 438(2) CrPC and Section 482 BNSS, while applications of petitioners No.1,3 and 7 were dismissed as withdrawn.
Summary
The petitioners, eight individuals from Gogahi village, sought anticipatory bail fearing arrest in a case (PS Dhansoi No.34 of 2025) alleging assault under several sections of the Bihar Negotiable Security Act, 2023. The prosecution alleged that the accused had assaulted the victim. The petitioners’ counsel withdrew the anticipatory bail applications for petitioners No.1, 3 and 7, which the court dismissed as withdrawn. For petitioners No.2, 4, 5, 6 and 8, the court considered the allegations and granted anticipatory bail, directing them to appear before the Chief Judicial Magistrate within four weeks and furnish a bail bond of Rs 10,000 with two sureties. The bail was conditioned on compliance with Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the Bihar Negotiable Security Act, 2023. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether anticipatory bail should be granted to the accused persons (petitioners No.2,4,5,6,8) in view of the assault allegations under the Bihar Negotiable Security Act, 2023.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- assault
- bail bond
- Section 438
- Section 482
- Criminal Procedure
- Bihar Negotiable Security Act
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43632 of 2025
Arising Out of PS. Case No.-34 Year-2025 Thana- DHANSOI District- Buxar
======================================================
1. Babu Lal Kushwaha @ Barmeshwar Singh son of Shankar Dayal Kushwaha
@ Shankar Dayal singh village- Gogahi, Ps- Dhansoi, Dist- Buxar
2. Ritesh Bari @ Ritesh Kumar son of Badak Bari @ Ramanand Prasad
village- Gogahi, Ps- Dhansoi, Dist- Buxar
3. Dhasad Bari @ Rupesh Kumar Bari @ Rupesh Bari son of Badak Bari @
Ramanand Prasad village- Gogahi, Ps- Dhansoi, Dist- Buxar
4. Chunmun Kushwaha @ Sandip Kumar Singh son of Ramashish Kushwaha
@ Ramashish Singh village- Gogahi, Ps- Dhansoi, Dist- Buxar
5. Chela Kushwaha @ Ritesh Kumar son of Ramashish Kushwaha @
Ramashish Singh village- Gogahi, Ps- Dhansoi, Dist- Buxar
6. Vikash Kushwaha @ Bhanu Pratap son of Vashisht Kushwaha @ Vashisht
Muni Kushwaha @ Bashishth Munni singh village- Gogahi, Ps- Dhansoi,
Dist- Buxar
7. Lala Kushwaha @ Ashutosh Kumar Singh son of Vashisht Kushwaha @
Vashisht Muni Kushwaha @ Bashishth Munni singh village- Gogahi, Ps-
Dhansoi, Dist- Buxar
8. Omprakash Kushwaha @ Omprakash Singh son of Sarpanch Kushwaha @
Shiv Bachan Singh village- Gogahi, Ps- Dhansoi, Dist- Buxar
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr.Kamal Deo Sharma
For the Opposite Party/s : Mr.Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 19-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in
connection with Dhansoi P.S. Case No. 34 of 2025 registered for
the offence under Sections 126(2), 115(2), 117(2), 109, 329(3),
Patna High Court CR. MISC. No.43632 of 2025(6) dt.19-02-2026
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303(2), 3(5) of the BNS, 2023.
3. As per the prosecution case, the accused persons
are said to have assaulted the victim.
4. Learned counsel for the petitioners, at the very
outset submits that vide order dated 10.11.2025, this application
for grant of anticipatory bail has already been withdrawn on
behalf of petitioner nos. 3 and 7 and today he prays for and is
permitted to withdraw this application filed on behalf of
petitioner no. 1
5. Accordingly, this application is dismissed as
withdrawn with regard to petitioner nos. 3, 7 and 1.
6. So far as the petitioner nos. 2, 4, 5, 6 and 8 are
concerned, there is general and omnibus allegation of assault
against them.
7. Considering the allegations against the
petitioner nos. 2, 4, 5, 6 and 8 and the injuries, this application is
allowed with regard to petitioner nos. 2, 4, 5, 6 and 8.
8. Let the petitioner nos. 2, 4, 5, 6 and 8, above
named, in the event of their arrest or surrender before the
concerned Court below within four weeks from today, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.43632 of 2025(6) dt.19-02-2026
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satisfaction of the learned Chief Judicial Magistrate,
Buxar/concerned Court below in connection with Dhansoi P.S.
Case No. 34 of 2025, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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