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Patna High Court

Dharmendra Bhagat @ Dharmendra PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the bail application and ordered the petitioner to be released on bail.

Summary

Dharmendra Bhagat was arrested in connection with an alleged assault on the brother of an informant, involving a lathi and iron rod, under multiple sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The prosecution's case lacked an injury report and specific details of the assault against the petitioner. The petitioner, who has a clean antecedent and had been in custody since 24 October 2025, applied for regular bail. The State opposed the bail, but the court considered the nature of the accusation, the absence of concrete injury evidence, the petitioner's clean record, and the period of custody. The court granted bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted in a case involving multiple serious offences under the Bharatiya Nyaya Sanhita and the Arms Act despite the lack of an injury report
  • Whether the petitioner's clean antecedent and length of custody justify the grant of regular bail

Legislation cited

Subjects

  • bail
  • assault
  • clean antecedent
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3374 of 2026
                     Arising Out of PS. Case No.-263 Year-2025 Thana- PIPRA District- East Champaran
                 ======================================================
                 Dharmendra Bhagat @ Dharmendra Prasad S/O Late Tej Narayan Bhagat R/O
                 Village- Mahuawa Bisunpura, P.S- Pipra, Distt.- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhishek Kumar, Mr. Hemant Ray, Advocates
                 For the Opposite Party/s :        Mr. Pramod Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   13-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Pipra P. S. Case No. 263 of 2025 registered for the offences

                   punishable under Sections 126(2), 115(2), 118, 109(1), 303(2),

                   351(2), 352, 74, 3(5) of the Bharatiya Nyaya Sanhita and

                   Section 27 of the Arms Act.

                                3. As per prosecution case, this petitioner along with

                   co-accused Vidyanand Bhagat and Diplal Bhagat assaulted

                   brother of informant by means of lathi, iron rod.

                                4. Learned counsel for the petitioner submits that

                   though petitioner along with other accused persons is alleged to

                   have assaulted brother of the informant with various weapons

                   but there is no injury report on record of the brother of
              Patna High Court CR. MISC. No.3374 of 2026(2) dt.13-02-2026
                                                          2/2




                        informant to substantiate the allegation. Allegation of assault is

                        general and omnibus and there is no allegation of any specific

                        over act against the petitioner. Petitioner claims clean

                        antecedent and is in custody since 24.10.2025.

                                     5. However, learned A.P.P. for the State vehemently

                        opposed the bail application.

                                     6. Considering the nature of accusation, clean

                        antecedent and period of custody, this bail application is

                        allowed. The petitioner, above named, is directed to be released

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

                        with two sureties of the like amount each to the satisfaction of

                        the     learned      Sub-Divisional         Judicial   Magistrate,   East

                        Champaran, Motihari in connection with Pipra P. S. Case No.

                        263 of 2025.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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