Patna High Court
Balendra Kumar Bhagat @ Balendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was not granted to the petitioner.
Summary
The petitioner, Balendra Kumar Bhagat, applied for bail in a case registered under Sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, alleging that he shot, injured and subsequently stabbed his father to death. He has been in custody since 20 November 2024. The court examined the seriousness of the offences, noting the violent nature of the crime and the involvement of a firearm. Considering the gravity of the alleged homicide and the use of a weapon, the judge was not inclined to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to the petitioner in a case involving murder and illegal use of a firearm
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5), 61(2)
Subjects
- bail
- murder
- homicide
- firearm
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13001 of 2026
Arising Out of PS. Case No.-566 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
Balendra Kumar Bhagat @ Balendra Kumar S/O Late Harihar Bhagat
Resident of Vill.- Pakari Barsat, P.S.- Sahebganj, Distt.- Muzaffapur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kanishk Kaustubh, Advocate
For the State : Mr.Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sahebganj P.S. Case No. 566 of 2024 registered for the offence
punishable under Sections 103(1), 61(2) and 3(5) of the
Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. The petitioner is the son of the deceased, who has
shot his own father, injured him and thereafter stabbed and
killed him.
4. The petitioner is in custody since 20.11.2024.
5. Considering the gravity of the offence, I am not
Patna High Court CR. MISC. No.13001 of 2026(2) dt.23-02-2026
2/2
inclined to grant bail to the petitioner.
6. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
P. Kumar
U T
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