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Patna High Court

Nago Kewat @ Nagendra KewatversusThe State of Bihar

Decided
Disposal
DISPOSED

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
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          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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