Patna High Court
KRISHNA KEWATversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- BNSS — s. 482(2)
- Indian Penal Code — s. 120B, 302
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
2/4
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
Checking your session…