Patna High Court – Orders
Manindar Kushwaha @ Manindra Prasad vs The State Of Bihar on 8 May, 2025
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88478 of 2024
Arising Out of PS. Case No.-415 Year-2024 Thana- KUCHAIKOTE District- Gopalganj
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Manindar Kushwaha @ Manindra Prasad Son of Late Chandradev Kushwaha
village- Shayampur, Ps- Kuchaikote, Dist- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Anuj Kumar, Advocate
For the Opposite Party/s : Mrs.Sucheta Yadav, APP
For the informant : Mr. Pramod Kumar Yadav, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 08-05-2025
Heard Mr. Aditya Pandey, learned counsel for the
petitioner and Mrs. Sucheta Yadav, learned APP for the State
besides Mr. Pramod Kumar Yadav, representing the informant.
2. The petitioner is apprehending arrest in connection
with Kuchaikote P.S. Case No. 415 of 2024 instituted under
Sections 341, 323, 324, 325, 307, 354(B), 04, 34 of the Indian
Penal Code section 126(2), 115(2), 118(1), 117(2), 109, 76, 352,
3(5) of BNS lodged on 02.10.2024 by the informant, Sheela
Kumari.
3. As per the prosecution story, the informant alleged
that Ankit Kushwaha with bad intention grabbed the informant
and when she tried to save herself, the modesty was outraged.
As she shouted for help and the family members went to the
house of the Ankit Kushwaha, the allegation is that this
petitioner alongwith the family members armed variously
resorted to assault then the informant’s brother Pramod Yadav
Patna High Court CR. MISC. No.88478 of 2024(3) dt.08-05-2025
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came to help, he was assaulted by Ankit Kushwaha who
sustained head injury, as the sister came to help, she was
assaulted by this petitioner by iron rod who also suffered head
injury. They were unconscious on the spot, the locals took them
to the Sadar Hospital for treatment whereafter to Gorakhpur for
better treatment. This led to the FIR.
4. Learned counsel for the petitioner Mr. Pandey
submits that the petitioner do not have criminal antecedent, in a
rush of blood, scuffle took place in which injury happened.
5. Learned APP as also learned counsel for the
informant has taken this Court to the learned Sessions Judge
order to show that the allegation against the petitioner is direct
and specific that he assaulted with iron rod on the head of Sanju
Kumar causing fracture on the head.
6. Taking into account the allegation that has come
against the petitioner which is specific and certainly injurious to
life, in that background, it would be appropriate that he seek
bail.
7. The anticipatory bail stands rejected.
(Rajiv Roy, J)
Ravi/-
U T