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Patna High Court

Laxman KewatversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

Laxman Kewat was arrested in connection with a case involving offences under Sections 341, 323, 307, 504, 506 read with Section 34 of the IPC and Section 27 of the Arms Act. The prosecution alleged that co‑accused Sonu Kumar fired at the informant's son, while the petitioner claimed he was falsely implicated and that no overt act was attributed to him. He had been in judicial custody since 17‑12‑2025. The State opposed bail, citing a prior criminal antecedent. After hearing both sides, the High Court found insufficient grounds to deny bail and ordered the petitioner released on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner, alleged to be part of a common intention under IPC Section 34, is entitled to bail despite serious charges.
  • Whether the petitioner’s prior criminal antecedent justifies denial of bail.
  • Whether the lack of specific overt acts against the petitioner warrants bail.

Legislation cited

Subjects

  • bail
  • IPC
  • Arms Act
  • common intention
  • criminal antecedent
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38011 of 2026
                     Arising Out of PS. Case No.-69 Year-2024 Thana- MEHANDIGANJ District- Patna
                 ======================================================
                 Laxman Kewat S/o Late Ram Avtar Kewat @ Ramatar Kewat @ Ramatar
                 Mahto Resident of Village- Daldaliganj Akhara, P.S.- Mehandiganj, District-
                 Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Arvind Kumar Pradhan, Advocate
                 For the Opposite Party/s :      Mr.Satyendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Mehandiganj P.S. Case No. 69 of 2024 registered for the

                   offence punishable under Sections 341, 323, 307, 504, 506 read

                   with Section 34 of the Indian Penal Code and Section 27 of the

                   Arms Act.

                                3. The case of the prosecution, in short, is that one

                   Sonu Kumar has fired at the son of the informant.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that from perusal of the FIR, it is clear
           Patna High Court CR. MISC. No.38011 of 2026(2) dt.18-06-2026
                                                       2/2




                     that though the petitioner has been arrayed as an accused but

                     there is no allegation of any overt act against the petitioner. He

                     further submits that the main thrust of the allegation is against

                     the co-accused, namely, Sonu Kumar. Moreover, the petitioner

                     is languishing in judicial custody since 17.12.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner is having criminal

                     antecedent of one case.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned Judicial

                     Magistrate,      1st   Class,     Patna      City    in   connection   with

                     Mehandiganj P.S. Case No. 69 of 2024.


                                                     (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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