Patna High Court

Kanhaiya BhagatversusThe State of Bihar

Decided: 6 May 2026
Disposal: BAIL GRANTED
Bench: PURNENDU SINGH

Holding

In the absence of any alleged overt act and given the petitioner's clean antecedent and FIR delay, the Court held that pre‑arrest bail could be granted subject to a bond and sureties.

Summary

Kanhaiya Bhagat was implicated in a FIR alleging that he, along with co‑accused, assaulted an informant and his family with the intention to kill, invoking several sections of the Bihar Penal Code. The petitioner applied for pre‑arrest bail, claiming innocence, false implication, a five‑day delay in filing the FIR and a clean criminal record. The State opposed the bail on the ground of the seriousness of the offences. The Court observed that the petitioner was, at most, an "order giver" and no overt act was alleged against him, and noted the delay in the FIR and his clean antecedent. Accordingly, the Court granted pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS, directing the District Court to verify any other criminal antecedents, and disposed of the bail application.

Issues considered

Whether a pre‑arrest bail can be granted to an accused alleged only to be an order‑giver with no overt act under the charged sections.
Whether the delay in lodging the FIR and the petitioner's clean antecedent justify the grant of bail.
Whether Section 438(2) Cr.P.C. and Section 482(2) BNSS are applicable to the bail order.

Legislation cited

Bihar Penal Code (BNS) — s. 109, 115, 126(2), 190, 191(2), 351(2), 352, 74
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

pre‑arrest bail
order giver
delay in FIR
clean antecedent
Section 438 CrPC
Section 482 BNSS
Bihar criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29405 of 2026
                   Arising Out of PS. Case No.-249 Year-2025 Thana- CHARPOKHARI District- Bhojpur
                 ======================================================
                 Kanhaiya Bhagat Son of Late Ram Chala Bhagat Resident of village -
                 Kumhaila, Police Station - Charpokhri, District - Bhojpur.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Alok Kumar, Advocate.
                 For the Opposite Party/s :      Mr.Shailendra Kumar, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   06-05-2026                      Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Charpokhari P.S. Case No. 249 of 2025 registered for the

                   offence punishable under Sections 191(2), 190, 126(2), 115,

                   109, 74, 352 and 351(2) of the BNS.

                                3. As per the allegation made in the F.I.R., the

                   petitioner along with other co-accused with an intention to kill

                   assaulted the informant and his family members causing injuries

                   to them.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is innocent and he has

                   falsely been implicated in the case. The petitioner in his self

                   defence might have caused some injury to the informant’s side

                   without intention. There is delay of five days in lodging of the
          Patna High Court CR. MISC. No.29405 of 2026(2) dt.06-05-2026
                                                      2/2




                    F.I.R. The petitioner has clean antecedent.

                                 5. Learned APP for the State has vehemently opposed

                    the prayer for grant of pre-arrest bail to the petitioner.

                                 6. Having heard the rival submissions made on behalf

                    of the parties, as well as, having perused the allegation made in

                    the F.I.R. and the fact that at best the petitioner can be said to be

                    order giver and no overt act has been alleged against the

                    petitioner, the petitioner, above named, is directed to be released

                    on pre-arrest bail, in the event of his arrest or surrender before

                    the Court below within a period of four weeks from today, on

                    furnishing bail bond of Rs. 10,000/- (Ten thousand) with two

                    sureties of the like amount each to the satisfaction of learned

                    CJM, Bhojpur in connection with Charpokhari P.S. Case No.

                    249 of 2025, subject to the condition as laid down under Section

                    438(2) Cr.P.C / 482(2) BNSS.

                                 7. The District Court is directed to verify the criminal

                    antecedent of the petitioner and if it is found that the petitioner

                    is involved in some other cases as what has been stated in Para-

                    3 of the bail petition, this order will automatically lose its force.

                                 8. The bail application stands disposed of.


                                                            (Purnendu Singh, J)
mantreshwar/-
U      T

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