Patna High Court

Radheshyam KushwahaversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was not granted to the petitioner.

Summary

The petitioner, Radheshyam Kushwaha, was implicated in a FIR alleging that he, along with other accused, brutally assaulted the husband of an informant, resulting in the victim's death during treatment. The FIR listed offences under Sections 126(2), 115(2), 118(1), 109, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, with Section 103(1) later added. The petitioner applied for anticipatory bail, claiming fear of arrest. The Court examined the seriousness of the charges and the petitioner’s participation as one of the assailants. Considering the gravity of the offences and the petitioner’s alleged role in the assault, the Court refused the anticipatory bail application. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita given his alleged participation in the assault leading to death

Legislation cited

Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352

Subjects

anticipatory bail
assault
homicide
Bharatiya Nyaya Sanhita
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.91588 of 2025
                        Arising Out of PS. Case No.-130 Year-2025 Thana- DURAULI District- Siwan
                  ======================================================
                  Radheshyam Kushwaha S/O Late Sheodat Kushwaha Resident of Village-
                  Khap Punak, P.S- Darauli,District - Siwan
                                                                     ... ... Petitioner/s
                                                      Versus
                  The State of Bihar                          ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Ajay Kumar Pandey, Advocate
                  For the Opposite Party/s :       Dr. Ajeet Kumar, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    19-01-2026                  Heard learned counsel for the petitioner and the State.

                                 2. Petitioner apprehends arrest in case registered for

                    the offences punishable under Sections 126(2), 115(2), 118(1),

                    109, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita to which

                    Section 103(1) BNS was added later on.

                                 3. It is alleged that all the F.I.R. named accused

                    persons brutally assaulted the husband of informant as a result

                    of which, he died during course of treatment. Petitioner is

                    alleged to have assaulted the deceased with lathi, danda.

                                 4. Considering the fact that petitioner is one of the

                    assailants of the deceased, prayer for anticipatory bail of the

                    petitioner is refused.



                                           (Prabhat Kumar Singh, J)
Navya/-
U       T

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