Patna High Court
Bhawesh Kumar BhartiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to the conditions prescribed under Section 480(3) of the BNSS.
Summary
The petitioner, Bhawesh Kumar Bharti, was arrested in connection with a case alleging assault on an informant's son‑in‑law and other offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner and co‑accused attacked the victim with an iron rod and other weapons. The petitioner claimed he was falsely implicated due to a family dispute, asserting that the injury report was fabricated and that he has a clean antecedent. He had been in custody since 16‑08‑2025 and a charge‑sheet had been filed. Considering the circumstances, the court granted bail on a bond of Rs 10,000 with two sureties and imposed conditions under Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 126(2), 115(2), 117(2), 109, 303(2), 352, 351(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 351(2) r/w 3(5), 352, 480(3)
Subjects
- bail
- criminal procedure
- assault
- false implication
- clean antecedent
- Bharatiya Nyaya Sanhita
- Section 480
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1474 of 2026
Arising Out of PS. Case No.-150 Year-2025 Thana- KISHANPUR District- Supaul
======================================================
Bhawesh Kumar Bharti S/o Viendra Mehta Resident of Chilapatti, PS- Pipra,
Distt- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Upendra Prasad, Advocate
Mr. Rajiv Ranjan, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Kishunpur P.S. Case No. 150 of 2025 registered
for the alleged offences under Sections 126(2), 115(2), 117(2),
109, 303(2), 352, 351(2) r/w 3(5) of Bharatiya Nyaya Sanhita,
2023.
03. As per prosecution case, petitioner and other co-
accused persons dragged out the son-in-law of the informant
and assaulted him with iron rod, butt of country made katta and
lathi. The informant was also slapped.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.1474 of 2026(2) dt.15-01-2026
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case. Earlier the sister of the petitioner has filed a case against
the informant and others as the son-in-law of the informant
sexually exploited the sister of the petitioner. For this reason, the
petitioner and his entire family members have been made
accused in the instant case. Learned counsel further submitted
that the informant has procured the injury report of his son-in-
law and no such injury has been caused to him. The petitioner
has got clean antecedent. The petitioner is in custody since
16.08.2025 and charge-sheet has been submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner and his clean antecedent
along with submission of charge-sheet, the petitioner above
named is directed to be released on bail on furnishing bail bonds
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Supaul/court concerned in connection with
Kishunpur P.S. Case No. 150 of 2025, subject to the conditions
mentioned in Section 480(3) of BNSS and the following
conditions:
Patna High Court CR. MISC. No.1474 of 2026(2) dt.15-01-2026
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(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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