Patna High Court

Sushil KushwahaversusThe State of Bihar

Decided: 27 April 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The court held that regular bail cannot be granted as the petitioner is the assailant in a serious offence.

Summary

The petitioner, Sushil Kushwaha, was arrested in connection with a violent incident in which he allegedly assaulted the brother of an informant and inflicted injuries that later led to death. He was charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023, including offences relating to murder, assault, and causing grievous hurt. The petitioner applied for regular bail, claiming innocence and arguing that there was no intention to kill and that the death occurred five days after the incident. The State and the informant opposed the bail, asserting that the petitioner was the principal assailant. The court, noting the seriousness of the charges and the petitioner’s role as the assailant, declined to grant regular bail. The order was made on a prima facie basis and does not prejudice the merits of the trial.

Issues considered

Whether regular bail should be granted to the petitioner accused of offences under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352

Subjects

regular bail
assault
homicide
Bharatiya Nyaya Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91690 of 2025
                   Arising Out of PS. Case No.-79 Year-2025 Thana- NUAOW District- Kaimur (Bhabua)
                 ======================================================
                 Sushil Kushwaha S/o Bashawan Kushwaha R/o Village- Mahartha, PS-
                 Nuaon, District- Kaimur at Bhabhua

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Tarkeshwar Tiwary
                 For the Opposite Party/s :       Mr. Lalan Kumar
                 For the Informant        :       Mr. Ashutosh Tripathy, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   27-04-2026                  Heard the learned counsel for the petitioner, the

                   learned APP for the State, and the learned counsel for the

                   informant.

                                2. The petitioner seeks regular bail in connection with

                   Nuaon P.S. Case No. 79 of 2025 registered for the offence under

                   Sections 103(1), 126(2), 115(2), 118(1), 109, 352, 351(2) and

                   3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. The case of the prosecution in brief is that on the

                   alleged date and time of occurrence, the accused persons

                   including the petitioner claiming the land over which the brother

                   of the informant was getting the pillar installed, to be their own,

                   assaulted him and petitioner inflicted injury by farasa on the

                   neck and head of Ashok Singh. When the informant and others
Patna High Court CR. MISC. No.91690 of 2025(6) dt.27-04-2026
                                            2/3




          went to rescue the injured they were also beaten and injured by

          the accused persons.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has not committed any offence.

          Petitioner is in custody since 18.07.2025. It is further submitted

          that from the FIR it is apparent that there is no intention to kill

          but in the heat of the moment when the parties fought this

          occurrence has taken place and the deceased had died after five

          days of the occurrence. It is also submitted that no offence under

          Section 103(1) BNS is made against the petitioner.

                       5. Learned counsel for the State and the learned

          counsel for the informant have vehemently opposed the bail

          application and submit that the petitioner is the assailant of the

          deceased.

                       6. Considering the fact that the petitioner is the

          assailant of the deceased, this Court is not inclined to grant

          regular bail to the petitioner.

                       7. Accordingly, this application for regular bail stands

          rejected.

                       8. It is made clear that any observation made herein is

          prima facie in nature and limited solely for the purpose of

          adjudication of the present bail application. Such observations
            Patna High Court CR. MISC. No.91690 of 2025(6) dt.27-04-2026
                                                        3/3




                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T

Continue reading with your account

Checking your session…