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Patna High Court

Daroga BhagatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to petitioners 1‑4 subject to bail bond and conditions, and dismissed the withdrawn application of petitioner 5.

Summary

The petitioners, five individuals, filed an anticipatory bail application in a case involving alleged assault arising from a land dispute, with charges under multiple sections of the B.N.S. The fifth petitioner, Pappu Kumar, was arrested during the pendency, and his application was withdrawn with the court's permission. The remaining four petitioners argued that the accusations were general, omnibus, and lacked specific evidence of overt acts, and that injuries were minor. The State opposed the bail, but the court noted the nature of the allegations, the counter‑case, and the minor injuries, and granted anticipatory bail to petitioners 1‑4 subject to a bail bond and conditions under Section 482(2) of the B.N.S.S. The court dismissed the withdrawn application of petitioner 5 and disposed of the overall application.

Issues considered

  • Whether anticipatory bail can be granted when the accusations are general and omnibus without specific overt acts.
  • Whether the withdrawal of an anticipatory bail application for a petitioner who has been arrested is permissible.
  • What conditions under Section 482(2) of the B.N.S.S. are applicable for granting anticipatory bail.

Legislation cited

  • B.N.S. — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 324(4), 351(2), 351(3), 352
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • general and omnibus accusation
  • land dispute
  • Section 482
  • bail bond
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1623 of 2026
                  Arising Out of PS. Case No.-10 Year-2025 Thana- MADHUBAN District- East Champaran
                 ======================================================
           1.     Daroga Bhagat S/o Late Badri Bhagat R/o Village - Bhawruwa, P.S.-
                  Madhuban, District - East Champaran
           2.    Amresh Kumar S/o Laxman Bhagat R/o Village - Bajitpur @ Wajitpur, P.S.-
                 Madhuban, District - East Champaran
           3.    Shatrughan Bhagat S/o Lakhan Bhagat R/o Village - Bajitpur @ Wajitpur,
                 P.S.- Madhuban, District - East Champaran
           4.    Chunnu Kumar S/o Baidhnath Bhagat R/o Village - Bajitpur @ Wajitpur, P.S
                 - Madhuban, District - East Champaran
           5.    Pappu Kumar S/o Late Prabhansh Bhagat @ Paramhansh Bhagat R/o Village
                 - Bajitpur @ Wajitpur, P.S - Madhuban, District - East Champaran

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :       Mr. Pramod Kumar Prasad, Advocate
                 For the State           :       Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. At the outset, learned counsel appearing on behalf

                   of the petitioners seeks permission to withdraw this anticipatory

                   bail application on behalf of Petitioner No. 5, namely Pappu

                   Kumar, as during pendency of this case, Petitioner No. 5 has

                   already been arrested and the same has become infructuous.

                                3. Permission, as prayed for, is accorded.

                                4. Accordingly, this anticipatory bail application with
Patna High Court CR. MISC. No.1623 of 2026(2) dt.28-01-2026
                                            2/3




          regard to Petitioner No. 5 stands dismissed as withdrawn.

                       5. Petitioner Nos. 1, 2, 3 and 4 apprehend their arrest

          in a case registered for the offence punishable under Sections

          191(2), 191(3), 190, 126(2), 115(2), 109, 324(4), 352, 351(2)

          and 351(3) of the B.N.S..

                       6. As per prosecution case, on the alleged date and

          time of occurrence, all the F.I.R. named accused persons,

          including these petitioners, assaulted informant and others.

                       7. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. As a matter of fact, on account of

          land dispute between the parties, maar-peet took place in which

          both sides sustained injuries. There is case and counter-case.

          Allegation of assault is general and omnibus and no specific

          accusation of overt act has been alleged against these

          petitioners. Doctor has found the injuries, allegedly caused by

          these petitioners, simple in nature.

                       8. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioners.

                       9. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, case and
             Patna High Court CR. MISC. No.1623 of 2026(2) dt.28-01-2026
                                                         3/3




                       counter-case and nature of injuries sustained by the injured, the

                       prayer for grant of anticipatory bail to Petitioner Nos. 1, 2, 3 and

                       4 is allowed.

                                    10. Accordingly, in the event of arrest/surrender

                       within a period of eight weeks from today, let the above named

                       Petitioner Nos. 1, 2, 3 and 4 be enlarged 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 learned J.M.-I, East

                       Champaran, Motihari in connection with Madhuban P.S. Case

                       No. 10 of 2025, subject to condition as laid down under Section

                       482(2) of the B.N.S.S..

                                    11. With the aforesaid directions, this application

                       stands disposed of.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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