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Patna High Court

Shakti Kushwaha @ Shakti Kumar KushwahaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioners are entitled to pre‑arrest bail subject to conditions under Section 482(2) of the Bihar Criminal Procedure Code.

Summary

The petitioners, four members of the Kushwaha family, were implicated in a FIR alleging assault on an informant and his brother and the theft of a golden chain worth Rs.70,000, under several sections of the Bihar Penal Code. They claimed innocence, asserting a case‑and‑counter‑case scenario and highlighting that the injuries were simple and they have clean antecedents. The State opposed the grant of pre‑arrest bail. The Court, after reviewing the FIR, the nature of injuries, and the petitioners' clean record, held that a prima facie case existed for bail. Accordingly, the petitioners were directed to be released on pre‑arrest bail upon surrender, subject to a bail bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bihar Criminal Procedure Code. The order also directed the District Court to verify any other criminal antecedents, which could nullify the bail order.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail despite the serious nature of the offences alleged under the Bihar Penal Code.
  • Whether the simple nature of injuries and the petitioners' clean antecedents justify the grant of bail.

Subjects

  • pre‑arrest bail
  • assault
  • theft
  • simple injury
  • clean antecedent
  • Section 482
  • Bihar Penal Code
  • Bihar Criminal Procedure Code

Judgment

                      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

2   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
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                        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


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