Patna High Court
Krishna Kumar Bhagat @ Shankar BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted bail to the petitioners, finding insufficient justification for continued detention.
Summary
The petitioners, Krishna Kumar Bhagat and Phool Kumar Bhagat, applied for bail in a case (Singhwara P.S. Case No. 289 of 2025) involving multiple offences under the Bhartiya Nayay Sanhita, including assault and criminal intimidation. The prosecution alleged that the petitioners assaulted the informant, her husband, and father‑in‑law, while the petitioners claimed the incident was a mutual fight arising from a land dispute and that the injuries were minor. The State opposed bail, alleging threats to the informant and a recent criminal act by a relative of the petitioners. The court noted that one of the petitioners had already been acquitted in a related case and the other had benefited from Section 189 of the BNS, and found the injury report insufficient to substantiate the serious charges. Considering these facts, the court ordered the release of the petitioners on bail with a bond of Rs. 10,000 each and two sureties of the same amount.
Issues considered
- Whether bail should be granted in a case involving multiple serious offences under the Bhartiya Nayay Sanhita
- Whether the injury report and evidence sufficiently justify continued detention
- Impact of prior acquittal and benefit of Section 189 BNS on bail eligibility
- Whether alleged threats and evidence tampering by the petitioners warrant denial of bail
Subjects
- bail
- criminal procedure
- assault
- land dispute
- evidence tampering
- Section 189
- Bhartiya Nayay Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1325 of 2026
Arising Out of PS. Case No.-289 Year-2025 Thana- SINGHWARA District- Darbhanga
======================================================
1. Krishna Kumar Bhagat @ Shankar Bhagat S/o Ramdeo Bhagat Resident of
Village- Singhwara, P.S.- Singhwara, Dist- Darbhanga
2. Phool Kumar @ Phool Babu Bhagat S/o Lalit Kishore Bhagat @ Lalbabu
Bhagat Resident of Village- Singhwara, P.S.- Singhwara, Dist- Darbhanga
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Saurav Anand, Advocate
For the Opposite Party : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 19-03-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioners are seeking bail in connection with
Singhwara P.S. Case No. 289 of 2025, registered for the offence
under Sections 126(2), 115(2), 109, 303(2), 190, 191(2), 352,
351(2) of the Bhartiya Nayay Sanhita.
3. As per the prosecution case, the petitioners are
alleged to have assaulted the husband and father-in-law of the
informant as well as the informant.
4. Learned counsel appearing for the petitioners
submits that there is a case and counter case between the parties
for a dispute over land and actually there was free fight between
the parties and moreover the injury report of the informant and
Patna High Court CR. MISC. No.1325 of 2026(4) dt.19-03-2026
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her father-in-law is simple in nature and although the injury
report of the husband of the informant is stated to be grievous in
nature, but it appears from the injury report that there is a single
injury, which is tenderness and swelling over right shoulder
joint, and it can also be caused due to fall and there is allegation
against three persons of assault which is not substantiated by the
injury report. The petitioners are in custody 18.11.2025 and
although they are accused in two cases, but in one case they
have been acquitted of the charges while in the other they have
been given the benefit of Section 189 BNS.
5. Learned A.P.P. for the State and learned counsel for
the informant vehemently opposed the prayer for bail of the
petitioners. Learned counsel for the informant submitted that
these petitioners are threatening the informant and her family
and the son of one of the petitioners has also indulged in a
criminal act recently against the informant for which Singhwara
P.S. Case No. 72 of 2026 has been lodged and they are
tampering with the evidence.
6. Considering the facts and circumstances of the
case, let the, above named, petitioners be released on bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.1325 of 2026(4) dt.19-03-2026
3/3
learned ACJM-VII, Darbhanga, in connection with Singhwara
P.S. Case No. 289 of 2025.
(Praveen Kumar, J)
Pawan/-
U T
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