Patna High Court
Ajay Bhagat @ Ajay PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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
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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
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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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