BADHO KEWATversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8343 of 2026
                    Arising Out of PS. Case No.-70 Year-2025 Thana- KARANDAY District- Sheikhpura
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           1.     BADHO KEWAT S/o Late Sobhan Kewat R/o vill - Girihinda, P.S.-
                  Sheikhpura, Distt.- Sheikhpura
           2.     Pankaj Kewat @ Pankaj Kumar S/o Mahendra Kewat R/o vill - Girihinda,
                  P.S.- Sheikhpura, Distt.- Sheikhpura
                                                                      ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Sheo Nandan Prasad
                 For the Opposite Party/s :       Mr.Yogendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-04-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    Learned      counsel       for    the    petitioners      seeks

                   permission to withdraw the anticipatory bail application with

                   respect to petitioner no. 1 (Badho Kewat), who was arrested

                   during pendency of the instant anticipatory bail application.

                             3.    Permission is accorded.

                             4.    Accordingly, the anticipatory bail application is

                   dismissed as withdrawn with respect to petitioner no. 1 (Badho

                   Kewat).

                             5.    The petitioner no. 2 apprehends his arrest in a case

                   registered for the offences punishable under Section 191(2),

                   191(3), 190, 109, 115(2), 126(2), 324(3), 263(b), 121(1), 132 of

                   the B.N.S. and Section 45 of the Excise Act.
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                   6.     Learned counsel for the petitioner submits that the

          petitioner no. 2 has antecedent of one case under the Excise Act

          and allegation is of recovery of 1 litres of liquor along with 10

          litres semi prepared liquor from Siani village and one Shanti

          Devi was apprehended and thereafter 20-25 people gathered

          including the petitioner and started assaulting the police and

          even damaged the vehicle and forcefully freed Shanti Devi,

          further, in the assault, the policeman received injury.

                   7.     Learned counsel for the petitioner submits that the

          petitioner was not arrested from the spot as such nothing was

          recovered from his conscious possession. It is next submitted

          that from perusal of the allegation as alleged in the FIR, it

          would manifest that allegation of assault is general and omnibus

          in nature. It is also submitted that since petitioner resides nearby

          the place of occurrence, as such, he out of inquisitiveness came

          to the place of occurrence to witness the occurrence, when he

          came to be implicated.

                   8.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   9.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner no. 2 above-named, in

          the event of his arrest or surrender before the learned trial court
              Patna High Court CR. MISC. No.8343 of 2026(2) dt.15-04-2026
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                        within a period of six weeks from today, be released on

                        Provisional anticipatory bail on furnishing bail bonds of Rs.

                        5,000/- (Rupees Five Thousand) with two sureties of the like

                        amount each to the satisfaction of the learned trial court where

                        the case is pending/successor court in connection with Karanday

                        P.S. Case No. 70 of 2025, subject to the conditions as laid down

                        under Section 482(2) of the BNSS.

                                 10. It is made clear that thereafter the learned Trial

                        Court shall verify the criminal antecedent of the petitioner no. 2

                        and in the event if it is found that petitioner no. 2 has antecedent

                        of more than one case then it would be presumed that petitioner

                        no. 2, for the purposes of seeking anticipatory bail, had

                        concealed his antecedent before this Court, as such, the

                        provisional anticipatory bail order shall not be confirmed, but

                        after verification if it is found that petitioner no. 2 has

                        antecedent of one case in that event the provisional anticipatory

                        bail order shall be confirmed forthwith with respect to petitioner

                        no. 2.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T