Created by Fuzzy Cloud

Patna High Court

Bihari BhagatversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.