Patna High Court
Daroga BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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The court granted anticipatory bail to petitioners 1‑4 subject to bail bond and conditions, and dismissed the withdrawn application of petitioner 5.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sections of the B.N.S. The fifth petitioner, Pappu Kumar, was arrested during the pendency, and his application was withdrawn with the court's permission.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to petitioners 1‑4 subject to a bail bond and conditions under Section 482(2) of the B.N.S.S. The court dismissed the withdrawn application of petitioner 5 and disposed of the overall application.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
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
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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
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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
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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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