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Patna High Court

Ajay Bhagat @ Ajay PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered that pre‑arrest bail may be granted conditionally if the medical opinion confirms the injury is simple, subject to verification of any criminal antecedents.

Summary

Ajay Bhagat and Rambabu Bhagat applied for pre‑arrest bail in a case registered under multiple sections of the BNS for allegedly assaulting an informant, her mother‑in‑law and outraging the informant's daughter. The FIR alleges that the informant sustained a head injury that could be serious. The petitioners claim innocence, argue that the allegations are omnibus and that the injury is simple as per a doctor's opinion. The State and the informant’s counsel opposed bail. The Court directed the District Court to obtain a medical opinion on the nature of the injury and, if it is simple, to release the petitioners on bail with conditions, while also checking any criminal antecedents; otherwise the order would lapse. The bail application was disposed pending those directions.

Issues considered

  • Whether pre‑arrest bail should be granted to the accused in view of the alleged head injury and other offences under the BNS.

Legislation cited

  • BNS — s. 109, 115(2), 126(2), 127(2), 191(2), 303(2), 324(4), 329(3), 351(2), 351(3), 352, 76

Subjects

  • pre‑arrest bail
  • assault
  • head injury
  • BNS
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11684 of 2026
                 Arising Out of PS. Case No.-411 Year-2025 Thana- MADHUBAN District- East Champaran
                 ======================================================
           1.     Ajay Bhagat @ Ajay Prasad S/o Rajinandan Bhagat R/o Village -
                  Dhobauliya, P.S - Madhuban, District - East Champaran
           2.    Rambabu Bhagat @ Rambabu Prasad S/o Rajinandan Bhagat R/o Village -
                 Dhobauliya, P.S - Madhuban, District - 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.Satya Nand Shukla, APP
                 For the informant        :      Mr. Abhishek Kumar, Advocate
                                                 Mr. Sharad Kumar Verma, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

6   28-04-2026                    Heard learned counsel appearing on behalf of the

                   petitioners; learned APP for the State and learned counsel for the

                   informant.

                                 2. The petitioners seek pre-arrest bail in connection

                   with Madhuban P.S. Case No. 411 of 2025 registered for the

                   offence(s)       punishable      under      Sections      191(2),     126(2),

                   127(2),115(2),109,76,303(2),329(3),324(4),352,351(2),                  351(3)

                   of the BNS.

                                 3. As per the allegation made in the FIR, the accused

                   persons named therein including the petitioners assaulted the

                   informant on her head, with an intention to kill, causing head

                   injuries. The accused persons also assaulted the mother-in-law
Patna High Court CR. MISC. No.11684 of 2026(6) dt.28-04-2026
                                            2/3




          of the informant and they also outraged the modesty of daughter

          of the informant.

                        4. Learned counsel appearing on behalf of the

          petitioners submitted that petitioners are innocent and have

          falsely been implicated in the present case. General and

          omnibus allegation has been levelled against the petitioners. The

          injury sustained by the informant has been opined by the doctor

          to be simple in nature.

                        5. Learned counsel for the informant and 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 and after perusal of the allegation made in

          the FIR, it is evident that the informant has sustained head

          injury, which is vital part of the body. The learned District

          Court is directed to call for the opinion of the doctor with

          respect to the injury sustained by the informant and if it is

          found that the injury is simple in nature, as stated by the

          petitioner, the petitioners are directed to be released on pre-

          arrest bail on such terms and conditions, as the learned

          District Court deems fit and proper.

                       7. The learned District Court is also directed to verify
           Patna High Court CR. MISC. No.11684 of 2026(6) dt.28-04-2026
                                                       3/3




                     the criminal antecedent of the petitioners and if it is found that

                     the petitioners are involved in some other cases, as what has

                     been stated in paragraph no.3 of the bail application, this order

                     will automatically lose its force.

                                  8. The bail application stands disposed of .



                                               (Purnendu Singh, J)
Sanjay/-

U      T


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