Patna High Court

Shiv Kumar KewatversusThe State of Bihar

Decided: 5 February 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The petitioner is entitled to regular bail and is directed to be released on furnishing the prescribed bond and sureties.

Summary

Shiv Kumar Kewat, a driver‑cum‑owner of a vehicle allegedly used in the kidnapping of a woman, was arrested on 27‑08‑2025 and charged under Sections 140(1), 140(3) and 3(5) of the BNS. He applied for regular bail, contending he has a clean record and that the victim’s husband and a co‑accused had earlier been granted bail in related matters. The State opposed the bail, arguing the victim’s statement under Section 183 BNSS supported the prosecution. The Court considered the earlier bail orders and the petitioner’s circumstances, and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail was directed to be granted to the trial court where the case is pending.

Issues considered

Whether the petitioner is entitled to regular bail under Sections 140(1), 140(3) and 3(5) of the BNS despite the victim’s statement under Section 183 BNSS.
Whether the earlier bail orders for the victim’s husband and a co‑accused influence the petitioner’s bail application.

Legislation cited

Bihar Narcotic Substances Act — s. 140(1), 140(3), 183, 3(5)

Subjects

bail
regular bail
anticipatory bail
kidnapping
vehicle owner
criminal procedure
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77672 of 2025
                   Arising Out of PS. Case No.-237 Year-2025 Thana- SHEKHPURA District- Sheikhpura
                 ======================================================
                 Shiv Kumar Kewat S/o Mangal Kewat R/o vill - Hansapur, P.S.- Karandey,
                 Distt.- Sheikhpura, Bihar
                                                                        ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Devendra Prasad Singh, Advocate
                 For the Opposite Party/s :       Mr. Ram Bilash Roy Raman, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   05-02-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 140(1), 140(3) and 3(5) of the

                   BNS.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody since

                   27.08.2025. It is further submitted that husband of the victim had

                   approached this Court seeking regular bail by filing Cr. Misc. No.

                   79196 of 2025 and the same came to be allowed by an order dated

                   19.11.2025. It is next submitted that Subhash Mahto, a similarly

                   situated co-accused, had also approached this Court seeking

                   anticipatory bail by filing Cr. Misc. No. 78698 of 2025 and the same

                   came to be allowed by an order dated 04.12.2025. It is also submitted

                   that in sum and substance, the allegation is that husband of the victim

                   abducted her. It is further submitted that petitioner came to be
           Patna High Court CR. MISC. No.77672 of 2025(3) dt.05-02-2026
                                                       2/2




                     implicated based on the fact that the vehicle by which the victim was

                     kidnapped belonged to the petitioner. It is next submitted that

                     petitioner is driver-cum-owner of the vehicle in question and, thus,

                     came to be implicated. It is also submitted that victim has come back

                     and her statement was recorded under Section 183 BNSS wherein

                     she has supported the case of the prosecution but then petitioner in a

                     mechanical manner came to be implicated.

                                  4. Learned A.P.P. for the State vehemently opposes the

                     prayer for regular bail of the petitioner.

                                  5. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioner and taking into

                     consideration the order dated 19.11.2025 in Cr. Misc. No. 79196 of

                     2025 and the order dated 04.12.2025 in Cr. Misc. No. 78698 of 2025,

                     the petitioner, above named, is directed to be released on bail on

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

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

                     Trial Court where the case is pending in connection with Sheikhpura

                     P.S. Case No. 237 of 2025.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T

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