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Patna High Court

Nand Kishor BhagatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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