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Patna High Court

Roshan KewatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

Roshan Kewat was arrested on 9 September 2025 in connection with FIR No. 376 of 2025 alleging that he fired upon a victim, causing stomach injury, and was charged under Sections 126(2), 115(2), 303(2), 118, 109 and 3(5) of the B.N.S. The petitioner pleaded that he has a clean antecedent, the allegations are fabricated, and the injury report does not substantiate the charge. The FIR was described as containing an omnibus allegation against multiple persons and a specific allegation against the petitioner. The State opposed bail, while the petitioner’s counsel argued that the evidence was insufficient and the charges were false. The Court, after considering the clean record and the lack of corroborative medical evidence, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence or witnesses, and verification of antecedents. The order directed that the bail bond not be delayed for verification purposes.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the B.N.S.
  • Whether the lack of supporting medical evidence and the petitioner’s clean antecedent justify granting bail

Legislation cited

  • B.N.S. — s. 109, 115(2), 118, 126(2), 303(2), 3(5)

Subjects

  • bail
  • criminal procedure
  • false implication
  • clean antecedent
  • B.N.S. sections
  • injury evidence
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81115 of 2025
                          Arising Out of PS. Case No.-376 Year-2025 Thana- BARH District- Patna
                 ======================================================
                 Roshan Kewat Son of Umesh Kewat Resident of Village - Gowar Dharampur,
                 Police Station - Barh, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Tej Narayan Singh, Advocate
                 For the Opposite Party/s :        Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   27-01-2026                     Heard Mr. Tej Narayan Singh, learned counsel for

                   the petitioner and Mr. Syed Ehteshamuddin, learned APP for the

                   State.

                                2. Petitioner seeks bail, who is in custody since

                   09.09.2025, in connection with Barh P.S. Case No. 376 of 2025,

                   F.I.R. dated 23.06.2025 registered for the offences punishable

                   under Sections 126(2), 115(2), 303(2), 118, 109, 3(5) of the

                   B.N.S.

                                3. Allegation against the petitioner is that he has fired

                   upon the victim causing injury to his stomach.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case. It appears from the F.I.R. that

                   the F.I.R. is in two parts, in first part, there is general and
Patna High Court CR. MISC. No.81115 of 2025(3) dt.27-01-2026
                                            2/3




          omnibus allegation against the petitioners including the

          petitioner and in second part, there is specific allegation that he

          has fired upon the victim. Learned counsel for the petitioner

          further submits that the allegation as alleged in the F.I.R. is false

          and fabricated and the petitioner has not committed any offence

          as alleged in the F.I.R. and the injury report of the injured

          person does not support the allegation as alleged in the F.I.R.

          He further submits that the police after investigation submitted

          chargesheet against the petitioner and the petitioner is in custody

          since 09.09.2025.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for             bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and the

          injury inflicted upon the injured person does not support the

          allegation as alleged in the F.I.R., let the petitioner, above

          named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned A.C.J.M., Barh,

          Patna in connection with Barh P.S. Case No. 376 of 2025,

          subject to the following conditions :-
               Patna High Court CR. MISC. No.81115 of 2025(3) dt.27-01-2026
                                                           3/3




                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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