Patna High Court
Roshan KewatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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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