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Patna High Court

Kapil Kewat @ Kapil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

Petitioner Kapil Kewat applied for regular bail in a case registered under Sections 302, 201 and 120(B) of the Indian Penal Code relating to the kidnapping and murder of an informant's son. The FIR did not originally name the petitioner; his name emerged only from the confessional statement of co‑accused Sharwan Kewat, who had already been granted bail. No other material linked the petitioner to the alleged offences, and he possessed a clean antecedent, having been in custody since 11‑06‑2024. The State opposed the bail, citing the seriousness of the charges. The Court, considering the lack of substantive evidence against the petitioner and his clean record, allowed the bail application, directing release on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the serious nature of the offences (IPC Sections 302, 201, 120(B)) and the reliance solely on a co‑accused's confessional statement.

Legislation cited

Subjects

  • regular bail
  • Indian Penal Code
  • Section 302
  • Section 201
  • Section 120B
  • confessional statement
  • co‑accused
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4971 of 2026
                      Arising Out of PS. Case No.-129 Year-2021 Thana- SARMERA District- Nalanda
                 ======================================================
                 Kapil Kewat @ Kapil Kumar Son of Pahadi Kewat @ Pahari Kewat @
                 Sitaram Kewat @ Sita Ram Kewat Resident of village - Kanku Bigha, Police
                 Station - Ben, District - Nalanda.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anil Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Jai Narain Thakur, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   10-04-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Sarmera P.S. Case No. 129 of 2021 corresponding to Sessions

                   Trial No. 658 of 2024, registered for the offence punishable

                   under Sections 302, 201 and 120(B) of the Indian Penal Code.

                                3. As per the prosecution case, some unknown persons

                   kidnapped the son of informant and during search, dead body of

                   informant’s son was recovered.

                                4. Learned counsel for the petitioner submits that

                   petitioner is not named in the FIR. Name of this petitioner

                   transpired during course of investigation on the basis of

                   confessional statement of co-accused Sharwan Kewat who has
              Patna High Court CR. MISC. No.4971 of 2026(3) dt.10-04-2026
                                                          2/2




                        already been granted bail by this Court. Save and except

                        confessional statement of co-accused there is no material against

                        this petitioner which show his complicity in the alleged

                        occurrence. Similarly situated co-accused, namely, Ram Prakash

                        Kewat has already been granted regular bail by this Court vide

                        order dated 09.05.2022 passed in Cr. Misc. No. 12327 of 2022.

                        Petitioner claims clean antecedent and is in custody since

                        11.06.2024.

                                     5. However, learned A.P.P. for the State vehemently

                        opposed the bail application.

                                     6. Considering the nature of accusation, clean

                        antecedent and period of custody, this bail application is

                        allowed. The petitioner, above named, is directed to be released

                        on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand)

                        with two sureties of the like amount each to the satisfaction of

                        the learned VII District Judge, Biharsharif, Nalanda in

                        connection with Sarmera P.S. Case No. 129 of 2021.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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