Patna High Court
Abhilash Kumar Bhat @ Abhilash Bhat @ Fantush BhatversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioners subject to the stipulated conditions.
Summary
The petitioners, Abhilash Kumar Bhat and Abhishek Bhat, filed an anticipatory bail application fearing arrest in a case (PS Vidyapatinagar Case No. 90 of 2025) filed under Sections 329(4), 324(4), 326(f), 109(1), 118(1) and 3(5) of the Bharatiya Nagrik Suraksha Sanhita. The prosecution alleges that the petitioners entered the informant’s kitchen, ignited a gas cylinder and pushed the informant into the fire, causing burn injuries. The petitioners contend they are falsely implicated, citing a long‑standing land dispute between the agnate parties, a 16‑day delay in lodging the FIR, and a prior false FIR lodged by the informant’s father; one petitioner has no criminal record while the other has a single antecedent. The State opposed the bail, arguing the seriousness of the offences. The Court, considering the dispute, delay, and the petitioners’ willingness to cooperate, granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted in view of the alleged offences under the B.N.S.S.
- Whether the delay in filing the FIR and the underlying land dispute justify the grant of bail
- Whether Section 482(2) of the B.N.S.S. empowers the Court to impose bail conditions in this case
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 109(1), 118(1), 324(4), 326(f), 329(4), 3(5), 482(2)
Subjects
- anticipatory bail
- B.N.S.S.
- FIR delay
- land dispute
- false allegations
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1991 of 2026
Arising Out of PS. Case No.-90 Year-2025 Thana- VIDYAPATINAGAR District- Samastipur
======================================================
1. Abhilash Kumar Bhat @ Abhilash Bhat @ Fantush Bhat S/o- Sushil Bhat @
Sushil Kumar Bhat Village- Bazidpur PS-Vidyapatinagar Distt-Samastipur
2. Abhishek Bhat @ Abhishek Kumar @ Abhishek Kumar Bhat @ Sonu S/o-
Late Dharmradev Bhat @ Dharmdeo Bhat @ Dharamdev Bhatt Village-
Bazidpur PS-Vidyapatinagar Distt-Samastipur
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Nr. Sinha, Advocate
For the State : Ms. Rina Sinha, APP
For the Informant : Kumar Praveen, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 07-04-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Vidyapatinagar P.S. Case No. 90 of 2025, instituted under
Sections 329(4), 324(4), 326(f), 109(1), 118(1), 3(5) of the
B.N.S.
3. As per the prosecution case, petitioners are alleged
to have ignited gas cylinder after entering into the kitchen of
informant. On protest, they pushed the informant into the fire
causing burn injuries to her.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case. Both the parties are agnates and there is land dispute
Patna High Court CR. MISC. No.1991 of 2026(3) dt.07-04-2026
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between the parties. Injury on the injured is simple in nature.
There is delay of 16 days in registering the F.I.R. without any
plausible explanation. Earlier, father of the informant had also
falsely lodged F.I.R. against Petitioner No. 2. Petitioner No. 1
has no criminal antecedent and Petitioner No. 2 has one criminal
antecedent. Petitioners undertake to co-operate in the
investigation and trial.
5. Learned A.P.P. for the State and learned counsel for
the informant oppose the prayer for anticipatory bail.
6. Considering the facts and circumstances of the
case, submission of learned counsel for the parties and there is
land dispute between the parties who are agnates, in the event of
arrest or surrender before the Court below within six weeks
from today, the petitioners be released on bail upon furnishing
bail bonds of Rs. 10,000/- (ten thousand) each with two sureties
of the like amount each to the satisfaction of learned A.C.J.M.
II, Dalsingsarai, Samastipur in connection with Vidyapatinagar
P.S. Case No. 90 of 2025, subject to the conditions laid down in
Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita
(B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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