Patna High Court
Uday BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Uday Bhagat, husband of the deceased, was implicated in a murder case (Haspura P.S. Case No. 306 of 2025) under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He applied for anticipatory bail, asserting his innocence and claiming that the deceased had committed suicide after a family dispute, as testified by the deceased's daughter. The State opposed the bail. The Court, after considering the submissions and the circumstances, granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The order clarified that the observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances of the murder case.
- Whether the allegations and evidence presented justify denial of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 482(2)
Subjects
- anticipatory bail
- murder
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27754 of 2026
Arising Out of PS. Case No.-306 Year-2025 Thana- HASPURA District- Aurangabad
======================================================
Uday Bhagat S/o Ram Roop Bhagat R/o Village - Manpura, P.S - Haspura,
District - Aurangabad
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bindeshwar Prasad Singh
For the Opposite Party/s : Mr. Umeshanand Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-05-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Haspura P.S. Case No. 306 of 2025 registered for the offence
under Section(s) 103(1) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. The petitioner is the husband of the deceased. He
along with others is accused of killing the deceased.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
It is further submitted that the daughter of the deceased has said
that her mother had committed suicide after having a fight with
her father.
5. Learned APP for the State has vehemently opposed
Patna High Court CR. MISC. No.27754 of 2026(2) dt.07-05-2026
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the prayer for bail.
6. Considering the facts and circumstances of the case
and the submission of the learned counsel for the petitioner, this
application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, 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 learned Court below
where the case is pending/successor Court in connection with
Haspura P.S. Case No. 306 of 2025 subject to the conditions as
laid down under Section 482(2) of the BNSS.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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