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Patna High Court

Santosh Kewat @ Santosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to regular bail.

Summary

The petitioner, Santosh Kewat, was arrested in connection with a land‑dispute incident in which ten accused allegedly fired weapons, injuring two persons. The prosecution alleged that the incident was aimed at taking possession of disputed land, charging the petitioner under several sections of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act. The petitioner contended that he was falsely implicated, noting that the FIR indicated the property dispute was between two other individuals and no specific overt act was ascribed to him. The court observed that the allegations were general, the dispute did not involve the petitioner, and he had been in custody since 24‑12‑2025, warranting consideration of bail. Accordingly, the court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs 10,000 with two sureties of the same amount.

Issues considered

  • Whether the petitioner is entitled to regular bail under the provisions of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act, 1959?
  • Whether the FIR contains specific allegations against the petitioner sufficient to deny bail

Legislation cited

Subjects

  • regular bail
  • land dispute
  • false implication
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14159 of 2026
                     Arising Out of PS. Case No.-348 Year-2025 Thana- BUNIYAD GANJ District- Gaya
                 ======================================================
                 Santosh Kewat @ Santosh Kumar Sahni Son of Rajesh Kewat Residence of
                 Brajesh Nagar, P.S.- Buniyadganj, District- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Punit Kumar, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   12-03-2026                      1. Heard learned counsel for the parties.

                                    2. The petitioner has preferred this application for

                   grant of regular bail in connection with Buniyadganj P.S. Case

                   no.348 of 2025 registered under sections 126(2), 109, 111, 467,

                   192 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and section

                   27 of the Arms Act.

                                      3. As per the prosecution case, as a result of land

                   dispute between Ejaj Mainpuri and Parwez Alam, it is stated

                   that 10 named accused persons including the petitioner herein as

                   also 5-7 unknown came and resorted to firing as a result of

                   which two persons were injured. The assault was with the

                   intention of taking possession of the disputed land.

                                  4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case. From the
            Patna High Court CR. MISC. No.14159 of 2026(2) dt.12-03-2026
                                                        2/2




                      contents of the FIR itself, it would transpire that so far as the

                      dispute with respect to the immovable properties is concerned, it

                      is between two others and not the petitioner herein. No specific

                      overt act has been alleged against the petitioner who is in

                      custody since 24.12.2025. He has been falsely implicated in the

                      case because of his antecedent and undertakes to cooperate in

                      the investigation/trial.

                                  5. The application for bail is opposed by learned A.P.P.

                      for the State.

                                     6. Having heard learned counsel for the parties and

                      taking into consideration the allegations in the FIR, the dispute

                      with respect to the immovable properties being between two

                      other persons and not the petitioner herein, the allegations being

                      general and omnibus in nature and the petitioner having

                      remained in custody since 24.12.2025, the Court directs the

                      petitioner to be enlarged on bail in connection with Buniyadganj

                      P.S. Case no.348 of 2025 on furnishing bail bond of Rs.10,000/

                      (Rupees Ten Thousand) with two sureties of the like amount

                      each to the satisfaction of the learned Additional Chief Judicial

                      Magistrate VIII, Gaya.


                                                  (Partha Sarthy, J)
Saurabh/-
U      T


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