Patna High Court
Mahendra KewatversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioners are entitled to pre‑arrest bail subject to the conditions imposed by the Court.
Summary
Mahendra Kewat and Sunita Devi were implicated in a FIR alleging assault with intent to kill the husband of an informant, under multiple sections of the BNS. They applied for pre‑arrest bail, claiming innocence and that the allegations were general, omnibus, and that the injuries were simple. The State opposed the bail. The Court examined the submissions and, noting the nature of the allegations and the simple injuries, held that the petitioners had made out a prima facie case for bail. Accordingly, the Court directed that they be released on pre‑arrest bail upon surrender to the District Court within four weeks, subject to a bail bond and verification of any prior criminal antecedents.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite the seriousness of the offences alleged under the BNS.
- Whether the presence of general and omnibus allegations and simple injuries justify granting bail.
Legislation cited
Subjects
- pre‑arrest bail
- criminal procedure
- BNS sections
- simple injury
- omnibus allegation
- district court verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87189 of 2025
Arising Out of PS. Case No.-372 Year-2025 Thana- TEKARI District- Gaya
======================================================
1. Mahendra Kewat, Male, aged about 60 years, Son of Late Parmeshwar
Kewat
2. Sunita Devi, Female, aged about 35 years, Wife of Mahendra Kewat
Both Residents of Village- Fenagi, P.s.- Tekari, Dist.- Gaya
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 28-01-2026 Heard Mr. Aryan Singh, learned counsel appearing
on behalf of the petitioners and Mr. Prem Kumar Jha, learned
APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Tekari P.S. Case No. 372 of 2025, registered for the offence
punishable under Sections 126(2), 115(2), 118(1), 117(2), 109,
74, 303(2), 351(2), 351(3) and 3(5) of the BNS.
3. As per the allegation made in the FIR, petitioners
along with other co-accused persons, had assaulted the husband
of the informant with an intention to kill.
4. Learned counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and have
Patna High Court CR. MISC. No.87189 of 2025(2) dt.28-01-2026
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falsely been implicated in the present case due to enmity.
General and omnibus allegation has been levelled against the
petitioners. Injuries sustained by the husband of the informant
have been opined by the doctor to be simple in nature. On these
grounds, petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf
of the parties, as well as, the fact that general and omnibus
allegation has been levelled against the petitioners. Injuries
sustained by the husband of the informant have been opined by
the doctor to be simple in nature. I am of the opinion that
petitioners have, prima facie, made out a case to be released on
pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned District Court
where the case is pending, in connection with Tekari P.S. Case
No. 372 of 2025, subject to the condition as laid down under
Patna High Court CR. MISC. No.87189 of 2025(2) dt.28-01-2026
3/3
Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioners as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioners as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U T
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