Patna High Court
Ram Sogarath Bhagat @ Ram Swarth PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioners have made out a prima facie case for anticipatory bail and ordered their release upon surrender.
Summary
The petitioners, Ram Sogarath Bhagat and Ramadhar Bhagat, were implicated in a FIR alleging assault, robbery, and outraging the modesty of a woman arising from a land dispute in Madhuban, East Champaran. They applied for pre‑arrest (anticipatory) bail, claiming innocence, lack of any weapon recovery, simple injuries, and a clean criminal record. The State opposed the bail, arguing the seriousness of the offences listed under the Indian Penal Code. The High Court observed that the allegations were general, no independent witness corroborated the prosecution, and the case appeared to stem from personal enmity, leading to a prima facie case for bail. Consequently, the Court directed the District Court to grant anticipatory bail upon surrender, subject to a bail bond and verification of any pending cases. The order was made under the inherent powers of the Court under Section 482(2) of the CrPC.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under the inherent powers of the High Court given the nature of the allegations.
- Whether the FIR and accompanying material establish a prima facie case sufficient to deny bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 109, 115(2), 126(2), 127(2), 191(2), 303(2), 324(4), 329(3), 351(2), 351(3), 352, 76
Subjects
- anticipatory bail
- pre‑arrest bail
- Indian Penal Code
- Criminal Procedure Code
- land dispute
- false implication
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11649 of 2026
Arising Out of PS. Case No.-411 Year-2025 Thana- MADHUBAN District- East Champaran
======================================================
1. Ram Sogarath Bhagat @ Ram Swarth Prasad Son of Ramswarup Bhagat R/o
Village - Dhobauliya, P.S. - Madhuban, Distt. - East Champaran.
2. Ramadhar Bhagat @ Ramadhar Prasad Son of Rajinandan Bhagat R/o
Village - Dhobauliya, P.S. - Madhuban, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Usha Kumari, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 27-04-2026 Heard Ms.Usha Kumari, learned counsel appearing
on behalf of the petitioners and Mr.Navin Kumar Pandey,
learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in connection
with Madhuban P.S. Case No. 411 of 2025, for the offences
under section 191(2), 126(2), 127(2), 115(2), 109, 76, 303(2),
329(3), 324(4), 352, 351(2), 351(3) B.N.S.
3. As per the allegation made in the FIR, the
informant was allegedly assaulted by the petitioners and other
co-villagers, who came armed with weapons, abused her, caused
head injuries, outraged the modesty of a female member,
snatched her gold chain, damaged the house, and confined and
Patna High Court CR. MISC. No.11649 of 2026(3) dt.27-04-2026
2/3
threatened the family members with dire consequences.
4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners are innocent and have
been falsely implicated in the present case. No grievous injury
has been sustained by any of the alleged victims and even as per
the case diary, the injuries are simple in nature. No weapon has
been recovered and the petitioners were not apprehended from
the place of occurrence. The case is stated to be arising out of
admitted land dispute between the parties, indicating false
implication due to personal enmity. The petitioners have clean
antecedents. On these grounds, the 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. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the FIR and materials on record, the allegations against the
petitioners are general and omnibus in nature and no
independent witness has supported the prosecution case. The
injuries are simple in nature and no incriminating article or
weapon has been recovered from the possession of the
petitioners, while the case appears to have arisen out of an
Patna High Court CR. MISC. No.11649 of 2026(3) dt.27-04-2026
3/3
admitted land dispute between the parties. I am of the opinion
that the petitioners have, prima facie, made out a case to be
released on pre-arrest bail.
7. The learned District Court is directed to release the
petitioners on anticipatory 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/-
(Ten thousand) with two sureties of the like amount each, to the
satisfaction of learned District Court where the case is pending
in connection with Madhuban P.S. Case No. 411 of 2025,
subject to the condition as laid down under Section 482(2) of
the B.N.S.S.
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)
Ashishsingh/-
U T
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