Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was denied to Anil Kumar and granted to Prahlad Bhagat.
Summary
Anil Kumar and Prahlad Bhagat were accused of murdering the son of an informant by assaulting him with a lathi, knife and other weapons, as alleged in FIR No. 741 of 2024. Both petitioners applied for bail under several sections of the Bihar Narcotic Substances Act, 2023. The State opposed, claiming the petitioners participated in the assault, with an eye‑witness alleging Anil Kumar struck the victim with an iron rod. The court found sufficient material linking Anil Kumar to the assault and therefore denied his bail, while noting that Prahlad Bhagat's involvement was less direct, he had a clean record, and the accusation was of a general nature, leading to bail being granted on a bond of Rs.10,000 with two sureties. The bail application was disposed, with only Prahlad Bhagat released on bail.
Issues considered
- Whether bail should be granted to Anil Kumar under the provisions of the B.N.S., 2023.
- Whether bail should be granted to Prahlad Bhagat under the provisions of the B.N.S., 2023.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(2), 109(1), 115(2), 117(2), 118(1), 126(2), 3(5)
Subjects
- bail
- murder
- assault
- Bihar Narcotic Substances Act
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.172 of 2026
Arising Out of PS. Case No.-741 Year-2024 Thana- MAJHAULIA District- West Champaran
======================================================
1. Anil Kumar S/o Prahlad Bhagat R/o Ward - 14, Village- Bhaluhi, P.S.-
Mauhaulia, West Champaran at Bettiah, Bihar
2. Prahlad Bhagat S/o Late Sitaram Bhagat R/o Ward- 14, Village- Bhaluhi,
P.S.- Mauhaulia, West Champaran at Bettiah, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Dhananjay Kumar, Advocate
For the State : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners seek bail in a case registered for the
offence punishable under Sections 126(2), 115(2), 118(1),
117(2), 109(1), 103(2) and 3(5) of the B.N.S., 2023.
3. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including these petitioners,
caught son of informant, namely Narendra Kumar and took him
in their house and after closing the door, brutally assaulted him
with lathi, knife and other weapons, as a result of which, he died
during course of treatment.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.172 of 2026(2) dt.13-02-2026
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petitioners are quite innocent and have committed no offence.
Informant is not eye-witness to the occurrence and only due to
land dispute between the parties, petitioners and other family
members have been made accused in this case. As per F.I.R., all
six named accused persons are alleged to have assaulted the
deceased, however, as per the post mortem report, only three
injuries were found on the person of deceased, which itself
falsifies the entire prosecution case. It is further submitted that
co-accused Sikandar Kumar, having similar and identical
allegations, has already been granted bail by this Hon’ble Court
vide order dated 10.11.2025 passed in Cr. Misc. No. 53250 of
2025. Moreover, charge-sheet has already been submitted and
petitioners, having no criminal antecedents, are in custody since
13.12.2024.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners and
submitted that petitioners are named in the F.I.R. with specific
accusation that they, along with other accused persons, assaulted
son of informant due to which, during course of treatment, he
died. It is further submitted that informant has seen Petitioner
No. 1, namely Anil Kumar, assaulted the deceased with iron rod.
6. Considering the facts and circumstances of the
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case, fact that Petitioner No. 1 appears to be one of the assailant
of the deceased, the prayer for grant of bail to Petitioner No. 1 is
rejected.
7. So far as Petitioner No. 2 is concerned, considering
the facts and circumstances of the case, general and omnibus
nature of accusation, claim based on parity, clean antecedents of
the petitioner and period of custody, the prayer for grant of bail
to Petitioner No. 2 is allowed.
8. Accordingly, let the above named Petitioner No. 2
be released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned C.J.M., West Champaran, Bettiah in
connection with Majhaulia P.S. Case No. 741 of 2024.
9. With the aforesaid directions, this application
stands disposed of.
(Prabhat Kumar Singh, J)
shashank/-
U T
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