Patna High Court
Bharat Kewat @ Bharat KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed the bail application and ordered the petitioner’s release on regular bail.
Summary
The petitioner, Bharat Kewat, was arrested in connection with the murder of the informant's brother, alleged under Sections 137(2) and 140(3) of the Bharatiya Nyaya Sanhita, later supplemented by Sections 103(1), 140(1), 61(2) and 238. The prosecution's case rests on the fact that the deceased was last seen with the petitioner, with no eye‑witness or other material linking him to the crime. The petitioner, in custody since 5 August 2025, sought regular bail, arguing that only suspicion exists against him. The State and the informant opposed bail, citing the seriousness of the offence. The Court, noting the lack of substantive evidence, the long period of custody, and that a charge‑sheet had already been filed, granted regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted in a murder case where the charge‑sheet is filed but the prosecution evidence is limited to suspicion and the accused was the last person seen with the victim.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 137(2), 140(1), 140(3), 238, 61(2)
Subjects
- bail
- murder
- regular bail
- Bharatiya Nyaya Sanhita
- criminal procedure
- suspicion
- charge-sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7543 of 2026
Arising Out of PS. Case No.-184 Year-2025 Thana- SARMERA District- Nalanda
======================================================
Bharat Kewat @ Bharat Kumar Son of Kapil Kewat Resident of Village
-Gaushnagar, P.S. - Sarmera, Dist. - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranvijay Singh, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, A.P.P.
For the Informant : Mr. Surendra Kumar, Mr. Shanti Pratap, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioner, informant
and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Sarmera P. S. Case No. 184 of 2025 registered for the offences
punishable under Sections 137(2), 140(3) of the Bharatiya
Nyaya Sanhita to which Sections 103(1), 140(1), 61(2), 238 of
the BNS were added later on.
3. As per prosecution case, on 02.08.2025, brother of
informant went outside but did not return and later on, his dead
body was found. Informant believes that all the F.I.R. named
accused persons, including this petitioner, committed murder of
his brother
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.7543 of 2026(2) dt.16-02-2026
2/2
there is no eye witness to the occurrence and at best, petitioner
was last seen in the company of the deceased. Save and except
suspicion, there is no other material available on record to show
his complicity in the alleged offence. Petitioner is in custody
since 05.08.2025. Charge-sheet has already been submitted.
5. However, learned A.P.P. for the State as well as
learned counsel for the informant vehemently opposed the bail
application.
6. Considering the nature of accusation, period of
custody and the fact that charge-sheet has been submitted, 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 District & Additional
Sessions Judge 2nd, Biharsharif, Nalanda in connection with
Sarmera P. S. Case No. 184 of 2025.
(Prabhat Kumar Singh, J)
Navya/-
U T
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