Patna High Court
Surendra Bhagat @ Bhuteli @ Bhuteli BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bharatiya Nyaya Sanhita — s. 10391, 109(1), 115(2), 126(1), 3(5), 351, 351(1), 352, 482(2)
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
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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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