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Patna High Court

Mahendra KewatversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

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

  • BNS — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 351(3), 74
  • BNSS — s. 482(2)

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
                                            2/3




          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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