Patna High Court
Bihari BhagatversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to the petitioners subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, Bihari Bhagat and Kanhaiya Bhagat, applied for bail in a case registered under Sections 127(2), 326(g), 324(4), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita alleging arson of an informant's house. The prosecution alleged that a group of 19 named accused, including the petitioners, and 10 unknown persons set the house on fire while the informant slept. The petitioners contended that they were falsely implicated due to village politics and that no specific overt act was alleged against them, offering to cooperate with the investigation. The State opposed the bail, but the court noted the absence of a specific allegation against the petitioners and their willingness to cooperate, finding no risk of evidence tampering or absconding. Consequently, the court ordered their release on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the petitioners despite the serious arson charges under the Bharatiya Nyaya Sanhita.
- Whether the petitioners pose a risk of tampering with evidence or absconding.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 127(2), 324(4), 326(g), 3(5), 351(2)
Subjects
- bail
- arson
- false implication
- criminal antecedent
- Section 127
- Section 326
- Section 324
- Section 351
- Section 3
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41423 of 2026
Arising Out of PS. Case No.-107 Year-2025 Thana- PIPRIYA District- Lakhisarai
======================================================
1. Bihari Bhagat Son of Dhobi Bhagat @ Budhu Bhagat Resident of Village-
Basauna, P.S.- Piparia, District- Lakhisarai.
2. Kanhaiya Bhagat @ Kanhaiya Bind @ Kanhaiya Kumar @ Knahiya Kumar
Son of Mohan Bhagat Resident of Village- Diara, P.S.- Piparia, District-
Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 127(2), 326(g), 324(4), 351(2) and
3(5) of Bharatiya Nyaya Sanhita.
3. As per prosecution case, it is alleged that 19 named
accused persons including the petitioners and 10 unknown
accused persons surrounded the house of the informant, while
he was sleeping, and set the house on fire.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
present case due to village politics. Further submission is that no
specific overt act is alleged against the petitioners. Specific
allegation is made against co-accused Mohan Bhagat and Indal
Bhagat. Petitioner no. 1 has two criminal antecedents out of
Patna High Court CR. MISC. No.41423 of 2026(2) dt.01-07-2026
2/2
which, one belongs to Excise Act, and in both the cases, he is on
bail and petitioner no. 2 has no criminal antecedent. Petitioners
undertake to cooperate in the investigation and trial. There is no
chance of tampering with the evidence or absconding of the
petitioners.
5. Learned A.P.P. appearing on behalf of the State
opposed the bail application.
6. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties as well
as the fact that no specific overt act is alleged against the
petitioners, let the above named petitioners be released on bail,
in the event of arrest or surrender before the learned court below
within a period of six weeks from today, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Lakhisarai in connection with Piparia
P.S. Case No. 107 of 2025, subject to the conditions as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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