Patna High Court
Shankar Kewat @ Shankar NishadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners, Shankar Kewat and family members, sought anticipatory bail after an FIR alleged that they, armed with lathis and iron rods, assaulted a neighbour, injured family members, and stole a locket and cash on 19 August 2025. They contended that the assault allegation was vague, no specific overt act was ascribed to them, and that the incident stemmed from a petty neighbour dispute, emphasizing their clean antecedent. The State opposed the bail, citing the seriousness of the offences listed under the Bhartiya Nyaya Sanhita. The Court examined whether the allegations were sufficiently specific to deny bail and considered the petitioners' claim of clean record and the grant of anticipatory bail to co‑accused. It granted anticipatory bail, conditioning it on surrender within eight weeks, a bail bond of Rs 10,000 with two sureties, and compliance with Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- What is the adequacy of the specific allegations in the FIR to justify denial of anticipatory bail?
- Whether the petitioners are entitled to anticipatory bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 despite the serious nature of the offences alleged.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 127(2), 303(2), 3(5), 351(3), 74
Subjects
- anticipatory bail
- assault
- criminal procedure
- Bhartiya Nyaya Sanhita
- Section 482
- neighbor dispute
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14227 of 2026
Arising Out of PS. Case No.-381 Year-2025 Thana- TEKARI District- Gaya
======================================================
1. Shankar Kewat @ Shankar Nishad, Son of Rohan Kewat @ Rohan Nishad,
Resident of Village -Chamkath, P.S. -Tekari, Dist. -Gaya Ji
2. Kranti Devi @ Kanti Devi, Wife of Shankar Kewat @ Shankar Nishad,
Resident of Village -Chamkath, P.S. -Tekari, Dist. -Gaya Ji
3. Sunil Kumar, Son of Shankar Kewat @ Shankar Nishad, Resident of Village
-Chamkath, P.S. -Tekari, District -Gaya Ji
4. Sudhir Kumar, Son of Shankar Kewat @ Shankar Nishad, Resident of
Village -Chamkath, P.S. -Tekari, District -Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsh Vardhan, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 27-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 126(2), 127(2),
115(2), 117(2), 118(1), 109, 74, 303(2), 351(3), 3(5) of the
Bhartiya Nyaya Sanhita.
3. As per F.I.R., on 19.08.2025 at about 7:30 PM, all
the named accused persons including these petitioners, armed
with lathi & iron rod, entered the house of informant and
Patna High Court CR. MISC. No.14227 of 2026(2) dt.27-04-2026
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assaulted him & other family members, causing injuries to
them. It is further alleged that accused persons also snatched
locket from informant’s daughter-in-law and took out out cash
from the house of informant.
4. Learned counsel for the petitioners submits that
allegation of assault is general & omnibus and no specific
overt act has alleged against these petitioners. As a matter of
fact, both parties are next door neighbours and due to petty
dispute, altercation took place between them. Similarly
situated co-accused persons have been grated anticipatory bail
by this Court, vide order dated 29.01.2026 passed in Cr. Misc.
No. 1873 of 2026. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and
circumstances, let the above named petitioners, in the event of
their arrest/surrender within a period of eight weeks from
today, be enlarged on bail on furnishing bail-bonds of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned A.C.J.M. - VI, Gaya
Ji, in connection with Tekari P.S. Case No. 381 of 2025,
subject to condition as laid down under Section 482 of the
Patna High Court CR. MISC. No.14227 of 2026(2) dt.27-04-2026
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Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
khushbu/-
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