Patna High Court
Raj Kumar BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the BNS.
Summary
The petitioner, Raj Kumar Bhagat, sought anticipatory bail in connection with a police case (Mehsi PS No. 77 of 2026) alleging assault and theft under several sections of the Bharitya Nagrik Suraksha Sanhita (BNS). He contended that he was falsely implicated, the injuries to the informant were minor, and there was an unexplained three‑day delay in filing the FIR. The State opposed the bail, arguing the seriousness of the offences. After hearing both sides, the Court considered the nature of the allegations, the delay in FIR, and the petitioner’s bail status in another case. The Court ordered that anticipatory bail be granted if the petitioner surrenders within six weeks, upon furnishing a bail bond of Rs 10,000 with two sureties, and subject to conditions under Section 482(2) of the BNS. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita despite the alleged offences.
- Whether the delay in lodging the FIR and the nature of the injuries affect the grant of anticipatory bail.
- Whether the petitioner is likely to flee, tamper with evidence, or commit further offences if released on bail.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharitya Nagrik Suraksha Sanhita
- false implication
- assault
- theft
- delay in FIR
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35608 of 2026
Arising Out of PS. Case No.-77 Year-2026 Thana- MEHSI District- East Champaran
======================================================
Raj Kumar Bhagat S/O Sri Ram Bhagat Resident of Village- Tajpur Bara,
Ward No. 10, P.S. - Mehsi, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Adarsh Ranjan
For the Opposite Party/s : Mr.Harendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 21-05-2026 The matter has been taken up today through video
conferencing.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The petitioner is apprehending his arrest in
connection with Mehsi PS Case No 77 of 2026 registered for the
offence punishable under Sections 126 (2), 115 (2), 109, 303
(2), 352, 351 (2), 3 (5) of the BNS.
4. As per the allegation, the petitioner along with co-
accused Sriram Bhagat abused the informant stating that his
wife is a Dayan. Thereafter, it is alleged that the petitioner and
co-accused Sriram Bhagat started assaulting the informant with
fists and legs while the petitioner is alleged to have assaulted by
means of Farsa on the head of the informant injuring him while
Patna High Court CR. MISC. No.35608 of 2026(2) dt.21-05-2026
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co-accused Sriram Bhagat assaulted by means of iron rod on the
thigh of the informant where after this petitioner is alleged to
have snatched Rs 2,700/- from the informant.
5. Learned counsel for the petitioner has submitted
that the petitioner has falsely been implicated in this case. It has
further been submitted, referring to the impugned order as well
as Annexure P/2, that the injury sustained by the informant is
simple in nature. It has further been submitted that there is
delay of three days in lodging the FIR without any plausible
explanation. It has further been submitted that on the alleged
date of occurrence, some scuffle took place between the parties
and both sides received minor injuries but the members of the
prosecution party, who were aggressor, came forward and
lodged the present case. It has lastly been submitted that the
petitioner is accused in one another case but he is on bail in that
case.
6. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail of the petitioner.
7. Heard the parties and perused the record.
8. Considering the aforesaid facts and circumstances
of the case, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
Patna High Court CR. MISC. No.35608 of 2026(2) dt.21-05-2026
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enlarged on anticipatory bail 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 Court concerned,
East Champaran at Motihari, in connection with Mehsi PS Case
No 77 of 2026 subject to the conditions as laid down under
Section 482 (2) of the Bharitya Nagrik Suraksha Sanhita.
9. This application stands allowed.
(Praveen Kumar, J)
M.E.H./-
U
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