Patna High Court
Braj Kishore BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners subject to strict conditions and a bail bond.
Summary
Petitioners Braj Kishore Bhagat and Suraj Kumar sought anticipatory bail after an FIR was lodged under several sections of the Indian Penal Code for alleged assault stemming from a property dispute with the informant, who is the elder brother of the first petitioner. The informant claimed that the petitioners attacked him with a lathi, causing a head injury, while the petitioners contended that the injury was simple and the FIR was exaggerated. They offered to pay Rs.5,000 to the informant for medical treatment as part of their bail application. The State opposed the bail, emphasizing the seriousness of the assault. Considering the nature of the injury and the petitioners' willingness to compensate, the Court granted anticipatory bail with a bond of Rs.10,000 each and imposed several conditions, including regular appearances before police and courts, and a prohibition on tampering with evidence.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the provisions of the Criminal Procedure Code in view of the alleged offences under the Indian Penal Code.
- Whether the alleged simple nature of the injury and the petitioners' offer of compensation justify the grant of bail.
Legislation cited
- Indian Penal Code — s. 109, 115(2), 126(2), 329(3), 3(5), 352
Subjects
- anticipatory bail
- Indian Penal Code
- assault
- property dispute
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17209 of 2026
Arising Out of PS. Case No.-1234 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
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1. Braj Kishore Bhagat Son of Late Nathuni Bhagat Resident of village and
Post - Kolhua Paigamberpur, P.S.- Ahiyapur, District - Muzaffarpur.
2. Suraj Kumar Son of Braj Kishore Bhagat Resident of village and Post -
Kolhua Paigamberpur, P.S.- Ahiyapur, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar, Advocate
Mr. Shiv Pratap, Advocate
For the Opposite Party/s: Mr. Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 25-03-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Ahiyapur P.S. Case No. 1234 of 2025,
registered for the offence under Sections 329(3), 126(2), 115(2),
109, 352, 3(5) of the B.N.S., lodged on 04.09.2025 by the
informant, Nagendra Kumar Kushwaha.
3. As per the prosecution story, the informant alleged
that his elder brother (petitioner no. 1) came to the shop along
with his family members and after abuse, allegation of assault
is there. Petitioner no. 1 hit the informant on his head by lathi
while the petitioner no. 2 and others hit him with the rod and
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lathi. This was due to property dispute and informant suffered
head injury and shifted to the hospital. This led to the FIR.
4. Learned counsel for the petitioners submit that they
are agnates, in fact the petitioner no. 1 is own brother of the
informant, property dispute is there which led to the exaggerated
FIR. The injury is found to be simple in nature.
5. The last submission is that without accepting the
allegation or outcome of the present petition, the petitioners
intent to pay Rs. 5,000/- (Rs. Five Thousand only) to the
informant towards treatment by Demand Draft issued by the
local branch of the State Bank of India/any Nationalized Bank
to be submitted at the time of execution of bail bond.
6. Learned APP opposes the prayer submitting that
assault to the informant on his head.
7. Taking into account the submissions of the parties
as also that a categorical submission of the learned counsel for
the petitioners that the injury has been found to be simple in
nature, in that background, this Court is inclined to extend him
the privilege of anticipatory bail with conditions subject to
payment of Rs. 5,000/- as undertaken by the learned counsel for
the petitioners to be paid by Demand Draft of local State Bank
of India branch/any Nationalized bank branch to be submitted to
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the Trial Court and handed over to the informant.
8. Let the petitioners be released on bail in the event
of arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) each with two sureties of like amount each to the
satisfaction of learned C.J.M., Muzaffarpur, in connection with
Ahiyapur P.S. Case No. 1234 of 2025, subject to the following
conditions:-
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document (Aadhar Card/Voter Id/Driving License /Pan Card) to
show their bona fide;
(ii) the petitioners shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioners shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of their bail bond by the Trial Court itself;
(iv) the petitioners shall appear before the concerned
police station every month for next six months to mark his
attendance and at the end of the period a certificate be submitted
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before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(v) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
Ranjeet/-
U T
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