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Patna High Court

Jay Kishun BhagatversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted anticipatory bail to petitioner no. 3, denied it to petitioner no. 2, and permitted withdrawal of the application for petitioner no. 1.

Summary

The petitioners, three brothers from Muzaffarpur, filed an anticipatory bail application under Section 482(2) of the Bharatiya Nyaya Sanhita (BNSS) fearing arrest in a case registered under Section 103(1) BNSS relating to alleged dowry‑related torture and murder. They contended that the informant’s allegations were vague, that the real accused was a man named Vijay, and that they had clean antecedents, especially the 77‑year‑old petitioner no. 3. The State opposed the bail, arguing that the FIR suggested probable involvement of the petitioners in the crime, including the handling of the dead body. The court allowed the petitioners to withdraw the anticipatory bail application for petitioner no. 1, who had already been arrested, and granted anticipatory bail to petitioner no. 3 subject to bail bonds and sureties, while refusing bail to petitioner no. 2. The anticipatory bail application was thus disposed with a partial grant.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the BNSS in a case under Section 103(1) BNSS.
  • Whether the petitioners can withdraw their anticipatory bail application after arrest.

Legislation cited

Subjects

  • anticipatory bail
  • Section 103
  • Bharatiya Nyaya Sanhita
  • Section 482
  • dowry dispute
  • false implication
  • bail conditions
  • withdrawal of bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24754 of 2026
                      Arising Out of PS. Case No.-193 Year-2025 Thana- Jaitpur District- Muzaffarpur
                 ======================================================
           1.     Jay Kishun Bhagat son of Sukdeo Bhagat @ Sukhdeo Bhagat Resident of
                  village- Muza (Muza patrhiyan), Ps- Jaitpur, Dist- Muzaffarpur
           2.    Hari Kishun Bhagat Son of Sukdeo Bhagat @ Sukhdeo Bhagat Resident of
                 village- Muza (Muza patrhiyan), Ps- Jaitpur, Dist- Muzaffarpur
           3.    Sukdeo Bhagat @ sukhdeo Bhagat Son of Late sukrit Bhagat Resident of
                 village- Muza (Muza patrhiyan), Ps- Jaitpur, Dist- Muzaffarpur

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Upendra Kumar Chaubey
                 For the Opposite Party/s :        Mr.Kumar Veerendra Narayan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-05-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    Learned counsel for the petitioner seeks permission

                   to withdraw the anticipatory bail application with respect to

                   petitioner no. 1 (Jay Kishun Bhagat), who was arrested during

                   pendency of the instant anticipatory bail application.

                             3.    Permission is accorded.

                             4.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 103(1) of

                   the Bharatiya Nyaya Sanhita.

                             5.    Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.24754 of 2026(3) dt.06-05-2026
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          petitioners are persons with clean antecedent and the informant

          alleges that his daughter in the Year 2009 was married to Vijay,

          after marriage Vijay was demanding a bike and on account of

          non-fulfillment of demand, the victim was tortured and

          assaulted, further the family members of Vijay were threatening

          to kill the victim, next alleges that Vijay was having extramarital

          relation with a woman which can be culled from the

          investigation of his mobile, it is further alleged that on 30-10-

          2025 a villager called his son on his mobile and informed that

          victim has been killed and the dead body is being taken for

          cremation, accordingly his son reached the place of occurrence,

          but no one was found present in the house, after search the dead

          body was located and the accused were taking the dead for

          cremation, accordingly the police was informed and the police

          came and took the dead body in possession and sen the same for

          postmortem.

                   6.     Learned counsel for the petitioners submits that

          petitioner has been falsely implicated in the instant case by the

          informant.       It is next submitted that from perusal of the

          allegations as alleged in the FIR, it would manifest that the

          daughter of the informant was married to Vijay in the year 2009

          and the instant FIR came to be instituted in the Year 2025. It is
Patna High Court CR. MISC. No.24754 of 2026(3) dt.06-05-2026
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          further submitted that in between 2009 to 2025 no case ever

          came to be instituted either by the victim or the informant

          alleging petitioners are torturing the victim for non-fulfillment

          of dowry demand. It is next submitted that from perusal of the

          allegations as alleged in the FIR, it would manifest that thrust of

          allegation is against Vijay. It is further submitted that informant

          is not an eyewitness to the occurrence and the allegation of

          demand of dowry and torture is general and omnibus in nature.

          It is submitted that whenever any dispute arises in between the

          husband and the wife and the occurrence of the nature as alleged

          takes place, the entire family members are implicated in a

          mechanical manner with general and omnibus allegation. It is

          also submitted that informant does not allege that his son saw

          the petitioner no. 3 also accompanying the dead body.

                   7.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners and submits that no doubt it is

          difficult to countenance the submission made by learned counsel

          appearing on behalf of the petitioners but then it is submitted

          that from perusal of the allegation as alleged in the FIR, it

          would manifest that informant alleges that when his son reached

          the place of occurrence, no one was found present in the house

          and the dead body was missing and on search the dead body was
Patna High Court CR. MISC. No.24754 of 2026(3) dt.06-05-2026
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          located as the accused persons were taking the dead body for

          cremating, but then police was informed and the dead body was

          sent for postmortem. It is thus submitted that it does not appear

          probable that husband all alone could have taken the dead body

          for cremation. It is next submitted that the order impugned also

          records that the dead body had ante-mortem injuries which

          gives an impression that prior to death, the victim was assaulted.

                   8.     At this stage, the learned counsel appearing on

          behalf of the petitioner submits that petitioner no. 3 is an old

          person aged about 77 years and has remained a person with

          clean antecedent and when he is nearing his grave, he came to

          be implicated based on suspicion.

                   9.     After hearing the learned counsel for the parties,

          the petitioner no. 3 above-named, in the event of his arrest or

          surrender within a period of six weeks from today, be released

          on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned trial court where the case

          is pending/successor court in connection with Jaitpur P.S. Case

          No. 193 of 2025 subject to the conditions as laid down under

          Section 482 (2) of the BNSS.

                   10. However, the Court is not inclined to extend the
              Patna High Court CR. MISC. No.24754 of 2026(3) dt.06-05-2026
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                        privilege of anticipatory bail to the petitioner no. 2.

                                 11. Accordingly, the anticipatory bail is disposed of.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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