Patna High Court

Ram Chandra KewatversusThe State of Bihar

Decided: 13 May 2026
Disposal: BAIL GRANTED
Bench: KHATIM REZA

Holding

The Court granted anticipatory bail to the petitioners subject to bail bonds and conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.

Summary

Ram Chandra Kewat and Rajesh Kewat applied for anticipatory bail fearing arrest in PS Semra Case No.27 of 2026, which alleges assault with a lathi on an informant and his brother. The petitioners claim they were falsely implicated, asserting the case is a counter‑blast of an earlier case and that the injuries were minor. The State opposed the bail, contending the offences under the Bharatiya Nyaya Sanhita are serious. The Court examined the facts, the petitioners' prior criminal history, and the risk of flight or tampering. It ordered that, if the petitioners surrender within six weeks, they shall be released on anticipatory bail upon furnishing a bail bond of Rs 10,000 each with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.

Issues considered

Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita
Whether the alleged offences constitute a serious non‑bailable offence warranting denial of bail
Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing witnesses

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 190, 191(2), 303(2), 324(4), 351(2), 352, 482(2), 74

Subjects

anticipatory bail
assault
lathi
Section 482
Bharatiya Nyaya Sanhita
criminal procedure
West Champaran
false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32621 of 2026
                     Arising Out of PS. Case No.-27 Year-2026 Thana- SIMRA District- West Champaran
                 ======================================================
           1.     Ram Chandra Kewat Son of Late Lohiya Kewat Resident of Village
                  -Pachgawan, P.S-. Semra, Dist. -West Champaran
           2.    Rajesh Kewat @ Rajesh Kumar Kewat Son of Late Lohiya Kewat Resident
                 of Village -Pachgawan, P.S-. Semra, Dist. -West Champaran

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vijay Kr Singh No. 1, Adv.
                 For the Opposite Party/s :        Mr. Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   13-05-2026                     Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend arrest in connection

                   with Semra P.S. Case No. 27 of 2026 dated 07.03.2026,

                   registered for the offence punishable under Sections 191(2),

                   190, 126(2), 115(2), 118(1), 109(1), 324(4), 74, 303(2), 352

                   and 351(2) fo the Bharatiya Nyaya Sanhita, 2023.

                                3. The allegation against petitioner no. 2 is that he

                   assaulted with lathi on the head of the informant and the

                   allegation against petitioner no. 1 is that he assaulted with

                   lathi on the person of the informants’ brother Brajesh

                   Bharti, who sustained injury.
Patna High Court CR. MISC. No.32621 of 2026(2) dt.13-05-2026
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                       4. Learned counsel for the petitioners submits that

          the petitioners are innocent and they have been falsely

          implicated in this case. It is submitted that the present case

          is counter blast of Semra P.S. Case No. 26 of 2026 dated

          06.03.2026 at about 10:30 A.M. and the present case has

          been lodged on 07.03.2026 for the same occurrence. It is

          further submitted that the petitioners have also sustained

          grievous injury and the injuries sustained by the informant

          and his brother are simple in nature as would appear from

          Annexure-3/4. Lastly, it has been submitted that the

          petitioner no. 1 has two criminal cases against him and

          petitioner no. 2 has one criminal case against him.

                       5. Learned A.P.P. has opposed the prayer for bail

          of the petitioners.

                       6. Having considered the facts and circumstances

          of the case and submissions of learned counsel for the

          parties, in the event of arrest / surrender of the petitioners

          within a period of six weeks from today, in connection with

          Semra P.S. Case No. 27 of 2026, they shall be released on

          anticipatory bail upon furnishing bail bonds of Rs. 10,000/-

          (ten thousand) each with two sureties of the like amount
            Patna High Court CR. MISC. No.32621 of 2026(2) dt.13-05-2026
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                      each to the satisfaction of the learned J.M.-Ist Class,

                      Bagaha, West Champaran, subject to condition as laid down

                      under Section 482(2) of B.N.S.S..



                                                   (Khatim Reza, J)
prabhat/-

U       T

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Md Ataur Rahman