Patna High Court
Nand Kishor BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioners subject to a Rs 10,000 bond per petitioner, two sureties, and surrender within eight weeks, under Section 482 of the B.N.S. 2023.
Summary
The petitioners, Nand Kishor Bhagat, his wife Janki Devi and son Nikesh Kumar, sought bail fearing arrest in a case registered under multiple sections of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.) for allegedly assaulting the husband of an informant with an iron rod during a land dispute. They contended that both parties were co‑owners of the land, the incident was part of a broader dispute, and they have a clean antecedent. The State opposed the bail application. The Court considered the nature of the offences, the petitioners' clean record, and the possibility of surrender within a stipulated period. It ordered that the petitioners be released on bail upon furnishing a bail bond of Rs 10,000 each with two sureties, provided they surrender within eight weeks, subject to conditions under Section 482 of the B.N.S. 2023. The bail order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether bail should be granted to the petitioners under Section 482 of the Bhartiya Nagrik Suraksha Sanhita in view of the offences alleged.
- Whether the petitioners' clean antecedent and the context of a land dispute justify bail despite the seriousness of the charges.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 329(3), 351(2), 352, 482, 74 r/w 3(5)
Subjects
- bail
- assault
- land dispute
- clean antecedent
- Section 482
- Bhartiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1797 of 2026
Arising Out of PS. Case No.-131 Year-2025 Thana- Raghunathpur District- East Champaran
======================================================
1. Nand Kishor Bhagat S/o- Late Ganesh Bhagat Resident of Village- Hardiya
PS- Raghnathpur Dist- East Champaran
2. Janki Devi W/o- Nand Kishor Bhagat Resident of Village- Hardiya PS-
Raghnathpur Dist- East Champaran
3. Nikesh Kumar S/o- Nand Kishor Bhagat Resident of Village- Hardiya PS-
Raghnathpur Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shalini Raje, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 126(2), 115(2), 352,
351(2), 303(2), 329(3), 118(1), 74 r/w 3(5) of the B.N.S. and
later on, Sections 109 & 117(2) of the B.N.S.
3. As per F.I.R., on the order of petitioner no. 2,
petitioner nos. 1 & 3 along with other co-accused persons
assaulted husband of informant with iron rod.
4. Learned counsel for the petitioners submits that
both parties are own pattidars and on account of pre-existing
Patna High Court CR. MISC. No.1797 of 2026(3) dt.24-02-2026
2/2
land dispute, Maarpeet took place, in which, both sides
sustained injuries. Case and counter case. Allegation of assault
is general and omnibus. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned C.J.M., Motihari, East Champaran in
connection with Raghunathpur P.S. Case No. 131 of 2025,
subject to condition as laid down under Section 482 of the
Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Anay
U T
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