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Patna High Court

Krishna Kumar Bhagat @ Shankar BhagatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
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                    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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