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Patna High Court

Surendra Bhagat @ Bhuteli @ Bhuteli BhagatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.

Summary

Surendra Bhagat applied for bail in connection with Gopalpur P.S. Case No.22 of 2025, which alleges his involvement in a violent assault that led to the death of an informant's father. The petitioner claims he was falsely implicated, asserting that the fatal blows were inflicted by co-accused Virendra Bhagat and Durga Bhagat, and points to a counter FIR (Case No.21 of 2025) where his own brother died, highlighting a family dispute between agnates. The State opposed bail, emphasizing the seriousness of the offences under the Bharatiya Nyaya Sanhita. The Court, considering the mutual fatalities and the risk of further escalation, granted bail subject to a bond and strict conditions, invoking Section 482(2) of the BNSS. The order emphasizes compliance with trial court appearances, non‑interference with witnesses, and abstention from further offences.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious offences and death involved.
  • Whether the petitioner poses a risk of tampering with evidence or influencing witnesses.
  • Whether the existence of a counter FIR and the agnate relationship between the parties affect the bail decision.

Legislation cited

Subjects

  • bail
  • Section 482
  • Bharatiya Nyaya Sanhita
  • murder
  • assault
  • agnate dispute
  • counter FIR
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3430 of 2026
                     Arising Out of PS. Case No.-22 Year-2025 Thana- GOPALPUR District- Gopalganj
                 ======================================================
                 Surendra Bhagat @ Bhuteli @ Bhuteli Bhagat S/O Durga Bhagat R/O Vill.-
                 Garya Khal Dhodhavaliya, P.S- Gopalpur, Dist.- Gopalganj
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shubhesh Pandey
                 For the Opposite Party/s :       Mr. Uday Chand Prasad
                                                  Mr. Harendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   20-02-2026                        Heard learned counsel for the parties.

                                   2. The petitioner apprehends his arrest in

                   connection with Gopalpur P.S. Case No.22 of 2025, dated

                   22.01.2025 registered for the offence punishable under Sections

                   126(1), 115(2), 109(1), 351(1), 351, 352, 3(5) and 10391) of the

                   Bharatiya Nyaya Sanhita.

                                   3. As per the FIR, the petitioner, along with other

                   co-accused persons, brutally assaulted the informant’s father,

                   causing him to sustain injuries. When the informant and others

                   came to his rescue, they were also assaulted by the accused

                   persons. The informant’s father subsequently died during the

                   course of treatment.

                                   4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has been falsely implicated in the

                   present case. He further submits that the specific allegations are

                   against co-accused Virendra Bhagat and Durga Bhagat, who are
Patna High Court CR. MISC. No.3430 of 2026(3) dt.20-02-2026
                                            2/3




          alleged to have inflicted iron rod blows on the head of the

          informant’s father, resulting in his death. It is next submitted

          that there is a counter version of the entire incident, and that the

          petitioner’s father has instituted Gopalpur P.S. Case No. 21 of

          2025 against the informant’s side, wherein the petitioner’s

          injured brother succumbed to his injuries on 26.01.2025 during

          the course of treatment. It is further submitted that both sides are

          agnates and that the alleged occurrence took place due to an old

          dispute. Lastly, it is submitted that the petitioner has no criminal

          antecedents.

                          5. On the other hand, the learned APP for the State

          and learned counsel for the informant has opposed the prayer for

          bail of the petitioner.

                          6. Considering the fact that death of family

          members have been caused to both sides and they are agnates,

          as such, not to allow the things to further precipitate and putting

          the existing dispute at rest and not to aggravate further, let the

          above-named petitioner be released on bail, in the event of his

          arrest or surrender before the learned Court below within a

          period of six weeks from today, on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of the learned Principal Sessions
               Patna High Court CR. MISC. No.3430 of 2026(3) dt.20-02-2026
                                                           3/3




                         Judge, Gopalganj/ Successor Court in connection with Gopalpur

                         P.S. Case No.22 of 2025, subject to the conditions as laid down

                         under Section 482(2) of the BNSS as well as the following

                         conditions:

                                      (i) One of the bailors should be the family

                         member/relative/known of the petitioner(s) who shall provide

                         official document/ personal affidavit to show his/her bona fide;

                                      (ii) the petitioner(s) shall appear on each and every

                         date before the Trial Court and failure to do so for two

                         consecutive       dates     without      plausible   reason   will   entail

                         cancellation of his/her/their bail bond by the Trial Court itself;

                                      (iii) the petitioner(s) shall in no way try to induce or

                         promise or threat the witnesses or tamper with the evidences,

                         failing which the State shall be at liberty to take steps for

                         cancellation of the bail bonds;

                                      (iv) the petitioner(s) shall desist from committing any

                         criminal offence again, failing which the State shall be at liberty

                         to take steps for cancellation of their bail bonds.



                                                                   (Ajit Kumar, J)
shikha/-

U          T


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