Patna High Court
Manoj Kumar @ Manoj BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court granted bail to all petitioners, holding that Section 482 empowers it to enlarge bail despite the nature of the offences.
Summary
The petitioners, named Naresh Bhagat, Rahul Kumar, Manoj Kumar, Hari Narayan Bhahat, Devendra Bhagat and Sujit Kumar, were arrested in connection with a violent incident stemming from a land dispute, wherein the informant and his family were assaulted and valuables were stolen. They sought bail, contending that the allegations were general, the injuries were minor, and the case was essentially a case‑and‑counter‑case. The prosecution opposed bail, citing the seriousness of the offences listed under the Bhartiya Nyaya Sanhita, including assault, robbery, and attempt to murder. The Court examined the facts, the nature of the offences, and the provisions of Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, which empowers the High Court to grant bail in appropriate circumstances. Considering the circumstances, the Court allowed all three bail petitions, directing the petitioners to furnish bail bonds of Rs 10,000 each with two sureties, subject to the conditions of Section 482. The bail was to be granted if the petitioners surrender within eight weeks of the order.
Issues considered
- Whether bail can be granted to the accused despite the seriousness of the offences under Sections 126(2), 115(2), 109, 74, 303(2), 352 and 3(5) of the Bhartiya Nyaya Sanhita.
- Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, authorises the High Court to enlarge bail in the present case.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 352, 74
Subjects
- bail
- criminal procedure
- Section 482
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- land dispute
- assault
- theft
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9921 of 2026
Arising Out of PS. Case No.-682 Year-2025 Thana- BIHTA District- Patna
======================================================
1. Naresh Bhagat Son of Purnvasi Bhagat @ Purnmasi Bhagat Resident of
Village - Sri Rampur, P.S. - Bihta, Dist. - Patna(Bihar).
2. Rahul Kumar Son of Munna Bhagat Resident of Village - Sri Rampur, P.S. -
Bihta, Dist. - Patna(Bihar).
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 11712 of 2026
Arising Out of PS. Case No.-682 Year-2025 Thana- BIHTA District- Patna
======================================================
1. Manoj Kumar @ Manoj Bhagat S/o Shiv Shankar Bhagat Resident of
Village - Sri Rampur, P.S - Bihta, District - Patna
2. Hari Narayan Bhahat S/o Shiv Bhajan Bhagat @ Ram Bhajan Bhagat
Resident of Village - Sri Rampur, P.S - Bihta, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 23535 of 2026
Arising Out of PS. Case No.-682 Year-2025 Thana- BIHTA District- Patna
======================================================
1. Devendra Bhagat Son of Shivshankar Bhagat Resident of Village - Sri
Rampur, P.O. and P.S.- Bihata, District - Patna.
2. Sujit Kumar Son of Devendra Bhagat Resident of Village - Sri Rampur, P.O.
and P.S.- Bihata, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 9921 of 2026)
For the Petitioner/s : Mr.Rajesh Kumar, Advocate
For the Opposite Party/s : Mr.Upendra Kumar, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 11712 of 2026)
For the Petitioner/s : Mr.Rajesh Kumar, Advocate
Patna High Court CR. MISC. No.9921 of 2026(7) dt.30-06-2026
2/3
For the Opposite Party/s : Mr.Upendra Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 23535 of 2026)
For the Petitioner/s : Mr.Bikash Kumar Sharma, Advocate
For the Opposite Party/s : Mr.Binod Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
7 30-06-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State in all the aforesaid three bail petitions.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 126(2), 115(2), 109,
74, 303(2), 352, 3(5) of the Bhartiya Nyaya Sanhita.
3. As per the prosecution case, on 28.08.2025 at about
8 PM, the informant was at his house, in the meantime, all the
F.I.R. named accused persons including these petitioners,
variously armed, came there, abused him and thereafter
assaulted informant and his family members. The accused
persons also snatched gold chain and ear-ring from informant’s
mother.
4. Learned counsel for the petitioners submits that on
account of land dispute, Maarpeet took place between the
parties, in which, both sides sustained injuries. Case and counter
case. Allegation of assault is general and omnibus. Most of the
injuries, caused to informant side, are simple in nature.
5. Learned Addl. Public Prosecutors have opposed the
bail petitions.
Patna High Court CR. MISC. No.9921 of 2026(7) dt.30-06-2026
3/3
6. Considering the aforesaid facts and circumstances,
all the bail petitions are allowed. Accordingly, let the above
named petitioners in aforesaid three bail petitions, in the event
of their arrest/surrender within a period of eight weeks from
today, be enlarged on bail on furnishing bail-bonds of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned A.C.J.M. - II,
Danapur (Patna) in connection with Bihta P.S. Case No. 682 of
2025, subject to condition as laid down under Section 482 of the
Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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