Manoj Kumar Kushwaha @ Manoj Prasad Kushwaha Vs The State of… — Anticipatory Bail | Patna HC (2025)

Manoj Kumar Kushwaha @ Manoj Prasad Kushwaha Vs The State of… — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, upon arrest or surrender before the learned trial court within six weeks, subject to conditions under Section 482(2) of the BNSS, in connection with Bairiya P.S. Case No. 162 of 2022.

Issue for consideration

Whether the petitioner, who apprehends arrest in Bairiya P.S. Case No. 162 of 2022 registered for offences under Sections 328, 307, 120B of the IPC, should be released on anticipatory bail.

Court's answer

Anticipatory bail granted: the petitioner, in the event of his arrest or surrender before the learned trial court within six weeks, is to be released on anticipatory bail in connection with Bairiya P.S. Case No. 162 of 2022.

Ratio / Principle

The release is on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, and is subject to the conditions laid down under Section 482(2) of the BNSS.

Detailed headnote1 paragraphs

Anticipatory bail — Manoj Kumar Kushwaha @ Manoj Prasad Kushwaha v. The State of Bihar (Patna High Court, Criminal Miscellaneous No. 37781 of 2025, Satyavrat Verma, J, 18-06-2025): Petitioner apprehended arrest in Bairiya P.S. Case No. 162 of 2022 (District West Champaran) for offences under Sections 328, 307, 120B IPC, arising from an allegation that two bottles containing poison were found in a rice sack at an Anganbadi Centre on 26-05-2022. Counsel submitted that the petitioner was not named in the FIR and was implicated during investigation on suspicion, allegedly to coerce his wife — an unsuccessful applicant for the post of Anganbadi Sewika who lost to the informant and is pursuing complaints before the authorities — into submission. Prayer allowed: petitioner to surrender or be arrested within six weeks and thereupon be released on bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions of Section 482(2) BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37781 of 2025

Arising Out of PS. Case No.-162 Year-2022 Thana- BAIRIYA District- West Champaran

======================================================

Manoj Kumar Kushwaha @ Manoj Prasad Kushwaha S/o Hira Prasad R/o Village- Tadhwa Nandpur, Khalwa Tola, P.S.- Bairiya, Dist.- West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar For the Opposite Party/s : Mr.Syed Ehteshamuddin ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 18-06-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 328, 307, 120B of the IPC.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 26-5-2022 at 7:30 AM, she got the doors of Anganbadi Centre opened by her subordinate Anita Kumari and found two bottles kept in rice sack and later it was discovered that the bottles contained poison.

4. Learned counsel for the petitioner next submits that petitioner is not named in the FIR and his name subsequently during the course of investigation, transpired based on suspicion. It is further

Patna High Court CR. MISC. No.37781 of 2025(2) dt.18-06-2025 2/2

submitted that wife of the petitioner was also an applicant for the post of Anganbadi Sewika, but then she did not qualify as the informant was selected against which the wife of the petitioner is pursing complaints before the authorities as such in order to coerce the wife of the petitioner into submission subsequently during the course of investigation the informant implicated the petitioner. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bairiya P.S. Case No. 162 of 2022 subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Satyavrat Verma, J)

SUMIT/-

U T