Patna High Court

Balaveshwar Kewat @ Baleshwar KevatversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

Bail was granted to the petitioner conditionally, as no specific allegation or injury was attributable to him.

Summary

Balaveshwar Kewat sought bail after being named in a FIR for offences under the Bharatiya Nyaya Sanhita, 2023, including assault and theft. The FIR alleged that he and others assaulted an informant and stole jewellery, but the petitioner argued that no specific overt act was attributed to him and that he was implicated only as the father of the main accused, Sujeet Kumar. The State opposed the bail application. The Court examined the lack of a direct allegation against the petitioner and the absence of any injury attributable to him. Considering these facts, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether bail should be granted to the petitioner in the absence of a specific allegation of assault against him

Legislation cited

Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — s. 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 126(2), 190, 191(2), 191(3), 303(2), 74
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

bail
criminal procedure
assault
theft
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
Section 438
Section 482

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7625 of 2026
                     Arising Out of PS. Case No.-181 Year-2025 Thana- PARWALPUR District- Nalanda
                 ======================================================
                 Balaveshwar Kewat @ Baleshwar Kevat S/O Late Prayag Kewat Resident of
                 Village - Dhanawan, P.S. - Parwalpur, District - Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shyamal Prakash, Advocate
                 For the Opposite Party/s :       Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   04-02-2026           Heard learned counsel for the petitioner and learned A.P.P.

                   for the State.

                   2.      The petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 191(2), 191(3), 190,

                   117(2), 126(2), 115(2), 109(1), 74 and 303 (2) of the Bharatiya

                   Nyaya Sanhita, 2023.

                   3.       The allegation in the F.I.R. is that while the informant

                   was regressing to his house after irrigating his field, the

                   petitioner along with other co-accused surrounded and

                   assaulted him. They also snatched the golden earring and

                   lockets.

                   4.         It is submitted by learned counsel for the petitioner that

                   the main allegation of assault is upon co-accused, Sujeet

                   Kumar and, so far as the petitioner is concerned, no specific
            Patna High Court CR. MISC. No.7625 of 2026(2) dt.04-02-2026
                                                        2/2




                      overt act has been levelled against him. He has only been made

                      accused in this case as he happens to be the father of the main

                      accused, Sujeet Kumar. Moreover, the injury caused to the

                      informant is not attributable to the present petitioner.

                      5.        Learned APP for the State opposed the prayer for bail.

                      6.       Taking into consideration the facts and circumstances of

                      the case and also considering the fact that there is no specific

                      allegation of assault upon this petitioner and no injury is

                      attributable to him, let the above named petitioner, be released

                      on bail, in the event of his arrest or surrender before the learned

                      Court below within a period of four weeks from today, on

                      furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

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

                      the learned Court below where the case is pending/successor

                      Court in connection with Parwalpur P.S. Case No. 181 of 2025,

                      subject to the condition as laid down under Section 438 (2) of

                      the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha

                      Sanhita (BNSS), 2023.


                                                (Soni Shrivastava, J)

Trivedi/-

U       T

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