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2026 DAILYLAW 40294 (PAT)

Dharmendra Kushwaha v. The State of Bihar

CR. MISC./82512/2025 · 2026-02-11

S B P Singh

body2026

Judgment text

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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. Ankit Kumar/- (S. B. Pd. Singh, J) U T