Patna High Court
Laxman KewatversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 27
- Indian Penal Code — s. 307, 323, 34, 341, 504, 506
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.