Patna High Court
Nago Kewat @ Nagendra KewatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner subject to verification of his antecedent and compliance with conditions under Section 482(2) of the B.N.S.
Summary
The petitioner, Nago Kewat, applied for anticipatory bail after being implicated in a case involving the recovery of liquor, assault on police officers, and the freeing of a detainee, with charges under multiple sections of the B.N.S. and Section 45 of the Excise Act. He asserted that he has a clean criminal record and that the allegations against him are general and stem from false implication by an informant. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds and sureties, subject to verification of his antecedent. It further stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The application was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature of the offences alleged.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
- Whether the allegations constitute a serious offence warranting denial of bail.
Legislation cited
- B.N.S. — s. 109, 115(2), 121(1), 126(2), 132, 190, 191(2), 191(3), 263(b), 324(3)
- Excise Act — s. 45
Subjects
- anticipatory bail
- false implication
- clean antecedent
- assault on police
- liquor seizure
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87500 of 2025
Arising Out of PS. Case No.-70 Year-2025 Thana- KARANDAY District- Sheikhpura
======================================================
Nago Kewat @ Nagendra Kewat S/o Late Lakhan Kewat R/o - Siyani, P.S -
Karande, District - Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar
For the Opposite Party/s : Mr.Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of 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.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 01 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 along with 12-13 unknown accused and started
assaulting the police party and even damaged the vehicle and
Patna High Court CR. MISC. No.87500 of 2025(3) dt.20-01-2026
2/3
forcefully freed Shanti Devi. Further, in the assault, the police
received injury.
4. The learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. 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 to the place of
occurrence, as such, he he came to be implicated, when
admittedly petitioner is a person with clean antecedent.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.500/- (Rupees Five Hundred) 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
Karande P. S. Case No.70 of 2025, subject to the conditions laid
down under Section 482(2) of the BNSS.
Patna High Court CR. MISC. No.87500 of 2025(3) dt.20-01-2026
3/3
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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