Patna High Court
Chote Kushwaha @ Krishna KushwahaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to the conditions prescribed under Section 482(2) of the BNSS.
Summary
The petitioner, Chote Kushwaha, applied for anticipatory bail in a criminal miscellaneous proceeding arising from Dhanha Police Station Case No. 218 of 2025, wherein he was charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 for allegedly assaulting Munna Yadav with a brick. The petitioner asserted his innocence and highlighted that similarly situated co‑accused had been granted bail by a coordinate bench on 11 February 2026. The State opposed the bail, but the court considered the precedent and the nature of the injury, which was deemed simple. Relying on Section 482(2) of the BNSS and the earlier bail order, the court allowed the anticipatory bail with a bond of Rs.10,000 and two sureties, subject to verification of the petitioner’s criminal antecedents. The order stipulated that if the petitioner has any prior offences other than the present case, the bail bonds would be rejected, whereas a single prior case would be permissible.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the provisions of the Bharatiya Nyaya Sanhita, 2023.
- Whether the existence of prior criminal antecedents should affect the grant of anticipatory bail.
- Whether the precedent of bail granted to co‑accused in a similar case is binding on the present application.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 126(2), 190, 191(2), 191(3), 303(2), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- bail conditions
- prior criminal antecedents
- co‑accused precedent
Judgment
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/v-
Ghewrahi 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
2 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
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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 co-
accused 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
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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
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