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Patna High Court

Raj Kumar BhagatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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