Created by Fuzzy Cloud

Patna High Court

Bipin Bhagat @ Bipin KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.