Patna High Court
Sadhu Bhagat @ Sadhu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail should be granted as the accusations were vague, injuries were minor, and parity with a co‑accused who had been bailed.
Summary
The petitioner, Sadhu Bhagat, applied for anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 109(1), 351(2), 352 and 3(5) of the Bhartiya Nyaya Sanhita relating to a land‑dispute‑driven assault. The FIR alleged that the accused, armed with lathis and a pistol, assaulted an informant, causing head injuries. The petitioner contended he was innocent, the allegations were general and omnibus, and the injuries were simple, citing that a co‑accused had already been granted bail. The State opposed the bail. The court, noting the vague nature of the accusations, the parity with the co‑accused, and the minor injuries, allowed anticipatory bail subject to a bail bond of Rs.10,000 with two sureties, under Section 482 of the B.N.S.S., for a period of eight weeks.
Issues considered
- Whether anticipatory bail can be granted under Section 482 of the Bhartiya Nyaya Sanhita in view of the general and omnibus nature of the allegations.
- Whether the petitioner’s alleged involvement and the nature of injuries justify denial of anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352, 482
Subjects
- anticipatory bail
- Section 482
- Bhartiya Nyaya Sanhita
- land dispute
- assault
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18537 of 2026
Arising Out of PS. Case No.-109 Year-2025 Thana- PIPRIYA District- Lakhisarai
======================================================
Sadhu Bhagat @ Sadhu Kumar S/o Kapil Bhagat R/o Village- Pathua, PS-
Pipariya, Distt.- Lakhisarai, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Rabi Bhushan, Advocate
For the State : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 126(2), 115(2), 109(1),
351(2), 352 and 3(5) of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., on 09.12.2025 at 6 AM, all the named
accused persons, including this petitioner, armed with lathi,
danda, iron rod and pistol, abused and assaulted informant and
also caused injury on the head of informant with intention to kill
him, but anyhow informant could saved his life. The motive
behind the occurrence is stated to be land dispute.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence. As a
Patna High Court CR. MISC. No.18537 of 2026(2) dt.04-05-2026
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matter of fact, on account of admitted land dispute between the
parties, a simple altercation took place. Allegation of assault is
general and omnibus and no specific accusation of overt act has
been alleged against this petitioner. Doctor has found the
injuries, allegedly caused by this petitioner, simple in nature. It
is further submitted that similarly situated co-accused person
has already been granted bail by this Hon’ble Court vide order
dated 23.02.2026 passed in Cr. Misc. No. 8476 of 2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, claim based on
parity and nature of injuries allegedly caused by this petitioner,
the prayer for grant of anticipatory bail to the petitioner is
allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged 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 Chief Judicial Magistrate,
Lakhisarai in connection with Pipariya P.S. Case No. 109 of
Patna High Court CR. MISC. No.18537 of 2026(2) dt.04-05-2026
3/3
2025, subject to condition, as laid down under Section 482 of
the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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