Patna High Court
Bipin Bhagat @ Bipin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner, holding that the lack of his name in the FIR and the absence of direct evidence warranted bail under Section 482(2).
Summary
The petitioner, Bipin Bhagat, applied for anticipatory bail after learning that he might be arrested in a case (PS Case No. 306 of 2025) involving multiple offences under the Bharatiya Nyaya Sanhita. The FIR named several accused but did not list the petitioner; his alleged involvement emerged only from a co‑accused’s confessional statement, which the petitioner argued was a vague and omnibus allegation. The informant, an eye‑witness, did not identify the petitioner as present at the scene where a house was set on fire and a man was burnt alive. The State, represented by the Additional Public Prosecutor, opposed the bail on the ground of the serious nature of the offences. The Court, noting the petitioner’s non‑inclusion in the FIR and the lack of direct evidence, exercised its power under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not named in the FIR but is implicated solely through a co‑accused’s confessional statement.
- Whether the seriousness of the offences listed under the Bharatiya Nyaya Sanhita precludes the grant of anticipatory bail.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers the court to discharge the petitioner on bail in the present circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103(1), 126(2), 127(2), 190, 191(2), 191(3), 303(2), 308(6), 324(6), 326(g), 351(2), 351(3), 352
Subjects
- anticipatory bail
- FIR
- confessional statement
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1084 of 2026
Arising Out of PS. Case No.-306 Year-2025 Thana- BHARGAMA District- Araria
======================================================
Bipin Bhagat @ Bipin Kumar S/O Bhola Prasad Bhagat R/O Village-
Dhaneshwari, Ward No 11, PS- Bhargama, Distt- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mira Kumari, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar, Addl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 22-01-2026 At the outset, learned counsel for the petitioner has
prayed for and is granted permission to make correction in
paragraph no. 3 of the main petition.
2. Heard learned counsel for the petitioner and the
State.
3. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 191(2), 191(3), 190,
126(2), 127(2), 103(1), 303(2), 308(6), 326(g), 324(6), 352,
351(2) and 351(3) Bharatiya Nyaya Sanhita.
4. As per F.I.R., all the named accused persons along
with 10-15 unknown persons, armed with pistols and weapons,
came to the house of informant and on the order of co-accused
Guddu Yadav, other co-accused persons attacked the house
Patna High Court CR. MISC. No.1084 of 2026(2) dt.22-01-2026
2/3
sprinkled petrol and set the house of informant on fire as a result
of which, husband of the informant was burnt alive.
5. Learned counsel for the petitioner submits and
petitioner is not named in the F.I.R.. His name transpired during
course of investigation in confessional statement of co-accused
with allegation that this petitioner was also involved in the
alleged occurrence. Allegation against petitioner is general and
omnibus. It is further submitted that informant claims to be eye
witness of the occurrence and she has not named this petitioner
nor whispered anything about presence of petitioner at the time
of alleged occurrence.
6. Learned A.P.P. for the State vehemently opposed
the bail application.
7. Considering the fact that petitioner is not named in
the F.I.R. and nature of accusation, this anticipatory bail is
allowed and it is ordered that let the above named petitioner in
the event of his arrest/surrender before the court below within a
period of eight weeks from today, be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of Judicial
Magistrate-I-cum-Additional Chief Judicial Magistrate-VIII,
Araria in connection with Bhargama P S Case No. 306 of 2025 ,
Patna High Court CR. MISC. No.1084 of 2026(2) dt.22-01-2026
3/3
subject to condition as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…