Patna High Court
Dharmendra KushwahaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 482 of the B.N.S.
Summary
Six individuals from Ghewrahi village applied for anticipatory bail, fearing arrest in a case (PS No.218/2025) alleging offences under multiple sections of the Bihar Negotiable Statutes for allegedly obstructing a public pathway and assaulting a neighbour. The prosecution’s informant claimed the accused tied a bamboo across the road and, when asked to remove it, the accused attacked him and his family with sticks, axes and a sickle. The petitioners contended they were innocent, asserting the case was fabricated due to a land dispute and longstanding village rivalry, and that the injuries reported were minor. The State opposed the bail. After hearing both sides, the court, considering the background of enmity and the nature of the alleged injuries, decided to grant anticipatory bail subject to conditions under Section 482 of the B.N.S. and a bail bond of Rs.10,000 with sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the allegations under Sections 191(2), 191(3), 190, 126(2), 115(2), 109(1), 117(2), 303(2), 352 and 351(2) of the B.N.S.
- Whether the alleged offences constitute a false or fabricated case arising from a land dispute
Subjects
- anticipatory bail
- false case
- land dispute
- public pathway obstruction
- assault
- Criminal Procedure Code
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82512 of 2025
Arising Out of PS. Case No.-218 Year-2025 Thana- DHANAHA District- West Champaran
======================================================
1. Dharmendra Kushwaha S/O Ramadhar Kushwaha R/O Village- Ghewrahi,
P.S- Dhanha, Distt.- West Champaran.
2. Hariom Kushwaha S/O Mukesh Kushwaha R/O Village- Ghewrahi, P.S-
Dhanha, Distt.- West Champaran.
3. Kedar Kushwaha S/O Late Utim Kushwaha R/O Village- Ghewrahi, P.S-
Dhanha, Distt.- West Champaran.
4. Mukesh Kushwaha S/O Late Naresh Kushwaha R/O Village- Ghewrahi, P.S-
Dhanha, Distt.- West Champaran.
5. Shree Kushwaha @ Shree Ram Kushwaha S/O Late Nandkeshwar
Kushwaha R/O Village- Ghewrahi, P.S- Dhanha, Distt.- West Champaran.
6. Tej Kushwaha S/O Chauthi Kushwaha R/O Village- Ghewrahi, P.S- Dhanha,
Distt.- 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.Madan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending their arrest in
connection with Dhanha P.S. Case No. 218 of 2025 for the
offence under Sections 191(2), 191(3), 190, 126(2), 115(2),
109(1), 117(2), 303(2), 352 and 351(2) of the BNS.
3. As per the prosecution story, the informant has
alleged that on 08.07.2025 at around 10:00 A.M., while he was
Patna High Court CR. MISC. No.82512 of 2025(3) dt.11-02-2026
2/3
on his way to his house, his neighbour Mukesh Kushwaha
unlawfully obstructed the public pathway by tying a bamboo
across the road, thereby blocking his passage. When the
informant requested the accused to remove the obstruction, all
the F.I.R. named accused persons arrived at the spot armed with
sticks, axes, and a sickle, and brutally assaulted the informant
and his other family members.
4. Learned counsel for the petitioners submits that the
petitioners are completely innocent and have committed no
offence as alleged in the F.I.R. It is further contended that they
have been falsely implicated in the present false and concocted
case due to an admitted land dispute between the parties and
ongoing village rivalry. It is further submitted that there exists a
case and counter-case between both sides, which clearly reflects
the background of enmity. Learned counsel further submits that
as per the case diary, a total of four persons are stated to have
sustained injuries; however, all the injuries are simple in nature.
This fact is duly supported by the injury reports annexed with
the case diary.
5. Learned APP opposes the prayer for bail.
6. Keeping in view the aforesaid facts, this Court is
inclined to extend them the privilege of anticipatory bail.
Patna High Court CR. MISC. No.82512 of 2025(3) dt.11-02-2026
3/3
7. Let the petitioners be released on bail in the event
of arrest or surrender within a period of four weeks from the
date of receipt of this order, on furnishing bail bond of Rs.
10,000/- (Ten thousand) each with two sureties of like amount
each to the satisfaction of learned 1st Additional Chief Judicial
Magistrate, Bagha, West Champaran, in connection with
Dhanha P.S. Case No. 218 of 2025 subject to the conditions as
laid down under Section 482 of B.N.S.S., as also with the
condition that one of the bailors should be close relative of the
petitioners.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
Checking your session…