Patna High Court
Ram Jatan KewatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court grants anticipatory bail to the petitioners with specified conditions, including payment of compensation and compliance with bail bond requirements.
Summary
The petitioners, Ram Jatan Kewat and Ranjan Kewat, feared arrest in a criminal case (Pandarak PS Case No. 208 of 2025) alleging assault on the informant Guddu Kumar under sections 126(2), 115(2), 109(1) and 3(5) of the B.N.S. The informant claimed the petitioners, who are agnates, assaulted him causing a simple head injury that required hospitalisation. The petitioners offered to pay a total of Rs.5,000 as compensation to the injured party and sought anticipatory bail. The State opposed the bail, contending the petitioners were the accused. Considering the injury was simple and the compensation offer, the Court exercised its power under Section 438(2) of the Criminal Procedure Code to grant anticipatory bail, subject to a bail bond of Rs.10,000 each, two sureties, payment of the compensation via demand draft, and a series of compliance conditions. The order directs that the bail be effective for four weeks from receipt and outlines conditions for appearance, attendance, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438 Cr.P.C. in view of the alleged assault causing simple injury
- Whether the petitioners' offer to pay compensation influences the grant of bail
Legislation cited
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- Criminal Procedure Code
- assault
- simple injury
- compensation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20848 of 2026
Arising Out of PS. Case No.-208 Year-2025 Thana- PANDARAK District- Patna
======================================================
1. Ram Jatan Kewat S/O Late Saukhi Kewat @ Late Saurvi Kewat R/O
Village- Gowasa Sheikhpura, P.S.- Pandarak, District- Patna.
2. Ranjan Kewat S/O Ram Jatan Kewat R/O Village- Gowasa Sheikhpura, P.S.-
Pandarak, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prem Kumar, Advocate
For the Opposite Party/s : Mr.Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-04-2026 Heard the parties.
2. The petitioners are apprehending arrest in
connection with Pandarak P. S Case No. 208 of 2025 lodged for
the offence under section 126(2), 115(2), 109(1), 3(5) of the
B.N.S. lodged on 20.11.2025 by the informant, Gulshan Kumar.
3. As per the prosecution story, the informant alleged
that they being agnates, on petty issue, fight took place and in
the present case, it has been alleged that firstly they abused and
then assaulted the informant’s side. The allegation is that
Guddu Kumar was assaulted causing injury on the head and he
was taken to Pandarak Hospital. This led to the FIR.
4. Learned counsel for the petitioners has taken this
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Court to the injury report to show that it has been found to be
simple in nature and there case and counter case relating to the
occurrence. Both are agnates.
5. Last submission is that irrespective of the outcome
of the present case and/or accepting the allegation, the
petitioners intend to contribute Rs.2500/- each (totalling
Rs.5,000/-) through Demand Draft issued by the local State
Bank of India branch/Any Nationalized Bank to be submitted
before the concerned Court to be handed over to the injured,
Guddu Kumar after checking the credential.
6. Learned APP opposes the prayer submitting that
the allegation is against these petitioners.
7. Considering the submissions of the parties as also
the fact that the injury has been found to be simple in nature, in
that background, this Court is inclined to extend them the
privilege of anticipatory bail subject to payment of Rs.2500/-
each (totalling Rs.5,000/-) through Demand Draft issued by the
local State Bank of India branch/Any Nationalized Bank to be
submitted before the concerned Court to be handed over to the
injured, Guddu Kumar after checking the credential.
8. Let the petitioners be released on bail, in the event
of their arrest or surrender before the concerned court within a
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period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each in connection with Pandarak P. S Case
No. 208 of 2025 to the satisfaction of learned A.C.J.M., Barh,
Patna subject to the conditions as laid down under Section
438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) The petitioners shall be appearing before the
police station as and when required for cooperating in the
investigation;
(iii) the petitioners shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of their bail bond by the Trial Court itself;
(iv) the petitioners shall appear before the concerned
police station every fortnight for next six months to mark their
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
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(v) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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