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Patna High Court

Anil KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
             Patna High Court CR. MISC. No.172 of 2026(2) dt.13-02-2026
                                                         3/3




                       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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