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Patna High Court

KRISHNA KEWATversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the delay in filing the FIR and the general nature of the allegations, the petitioners are entitled to bail.

Summary

The petitioners, named in an FIR for alleged murder and conspiracy (IPC Sections 302 and 120B), sought bail after the FIR was lodged 16 days after the alleged incident. They argued that the FIR was delayed, the allegations were vague, and the death was due to a natural cause (brain stroke) rather than assault. The prosecution countered that the post‑mortem indicated brain injury, not a stroke, and that the allegations were sufficient to proceed. The court noted the delay in filing the FIR and the general nature of the accusations, and applied Section 482(2) of the BNSS to grant bail. Consequently, the petitioners were ordered to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties each.

Issues considered

  • Whether the 16‑day delay in lodging the FIR warrants granting bail to the accused.
  • Whether the allegations in the FIR are sufficiently specific to deny bail.
  • Whether bail can be granted under Section 482(2) of the BNSS in the present circumstances.

Legislation cited

Subjects

  • bail
  • FIR delay
  • general allegations
  • IPC Section 302
  • IPC Section 120B
  • Section 482(2) BNSS
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33429 of 2024
                      Arising Out of PS. Case No.-4 Year-2022 Thana- GOVINDPUR District- Nawada
                 ======================================================
           1.     Krishna Kewat S/O Late Kailash Kewat R/O Village- Dumari, P.S-
                  Gobindpur, Dist.- Nawada.
           2.    Bachchesh Kewat S/O Chandeshwar Kewat R/O Village- Dumari, P.S-
                 Gobindpur, Dist.- Nawada.
           3.    Sanjay Kewat @ Sanju Kewat S/O Late Kailash Kewat R/O Village-
                 Dumari, P.S- Gobindpur, Dist.- Nawada.
           4.     Surya Sahni @ Suraj Sohani S/O Heera Lal Sahni R/O Village- Dumari, P.S-
                  Gobindpur, Dist.- Nawada.
                                                                           ... ... Petitioner/s
                                                  Versus
                 THE STATE OF BIHAR
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shivendra Prasad
                 For the Opposite Party/s :      Mr.Pramod Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

7   29-01-2026                    Heard the parties.

                                2. The petitioners are named in the F.I.R. and

                   apprehending their arrest in connection with Govindpur

                   P.S. Case No. 04 of 2022 registered for the offences

                   punishable under Sections 302, 120B of IPC.

                                3. As per FIR, petitioners alongwith other named

                   co-accused persons/ family members assaulted uncle of

                   informant namely, Sunil Kewat due to which he received

                   severe head and bodily injury and subsequently out of

                   said injury he died during the course of treatment.
Patna High Court CR. MISC. No.33429 of 2024(7) dt.29-01-2026
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                       4. It is submitted by learned counsel appearing

          on behalf of the petitioners that FIR was lodged after

          delay of 16 days for the occurrence dated 22.12.2021. It

          is submitted that allegation qua physical assault appears

          very much general and omnibus against petitioners. It is

          pointed out that during investigation, it transpired that

          due to left limb weakness of the body the uncle of

          informant was admitted in hospital where he died out of

          brain stroke. It is pointed out that no history of past injury

          was noticed by doctor except some small black mark on

          left aboral region. It is submitted that taking advantage of

          natural death of uncle the present false case was lodged

          implicating petitioners and other accused for the

          occurrence dated 22.12.2021 which actually took place

          out of trivial issues arising out of local dispute and

          differences which was compromised in police station.

                            5. Arguing further, it is submitted that

          considering all such aspect, the police after investigation

          submitted closure report qua all aforesaid petitioners but
Patna High Court CR. MISC. No.33429 of 2024(7) dt.29-01-2026
                                            3/4




          the learned Jurisdictional Magistrate by taking a different

          view took cognizance against petitioners qua crime in

          question. In this context it is further submitted that

          similarly situated co-accused namely, Dhiraj Kumar,

          Manish Kumar, Abhishek Kumar, Subhash Kumar,

          Deepak Kumar, Sonu Kumar and Shantanu Kewat

          approached this Court for quashing of the FIR where one

          of the learned co-ordinate Bench after hearing the parties

          pleased to stay further proceeding in this case qua

          petitioners before the learned trial court. While concluding

          arguments, it is submitted that all petitioners are of clean

          antecedents.

                       6. Learned APP duly assisted by Miss. Riya

          Kashyap learned counsel for the informant after taking

          note of aforesaid submission pointed out that the cause of

          death upon post-mortem was found by doctor as brain

          injury and not brain stroke therefore submission that the

          uncle of petitioners died out of illness is not appears

          convincing.
               Patna High Court CR. MISC. No.33429 of 2024(7) dt.29-01-2026
                                                           4/4




                                      7. Let it be so as allegation of physical assault

                         appears very much general and omnibus in nature, where

                         FIR in issue was lodged with a delay of 16 days,

                         accordingly all above-named petitioners, in the event of

                         their arrest or surrender before the court below within a

                         period of four weeks, are directed to be released on bail,

                         furnishing bail bond of Rs. 10,000/- (Rupees Ten

                         Thousand) each with two sureties of the like amount each

                         to the satisfaction of the learned SDM, Nawada

                         /concerned Court, where the case is pending in

                         connection with Govindpur P.S. Case No. 04 of 2022,

                         subject to the conditions as laid down under Section

                         482(2) of BNSS.


                                                                    (Chandra Shekhar Jha, J.)
S.Tripathi/-

U       T


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