Patna High Court
Alok Kumar @ Bhuneshwar BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Alok Kumar Bhagat, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 109(1), 352 and 3(5) of the B.N.S. for allegedly assaulting the informant's father during a long‑standing enmity. The prosecution alleged that the petitioner, along with other accused, used lathi and danda in the assault, but the petitioner's counsel argued that the allegations were general, omnibus and lacked specific overt acts against him, and that he had clean antecedents. It was highlighted that a co‑accused, Nand Kishore Bhagat, had earlier been granted anticipatory bail in a similar case, establishing parity. The State opposed the bail, contending the seriousness of the offences. Considering the vague nature of the accusation, the case‑in‑case scenario, the petitioner’s clean record and the precedent of bail to the co‑accused, the Court allowed anticipatory bail, directing that if arrested within eight weeks the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted when the accusation is general and omnibus without specific overt acts against the petitioner
- Whether the petitioner’s clean antecedents and parity with a co‑accused who received bail warrant the grant of anticipatory bail
Legislation cited
Subjects
- anticipatory bail
- general omnibus accusation
- clean antecedents
- parity
- Section 482
- criminal procedure
- assault
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5232 of 2026
Arising Out of PS. Case No.-190 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
Alok Kumar @ Bhuneshwar Bhagat S/O Nathuni Bhagat R/o Village-Majhar
Tola Jokaha P.S-Pakaridayal District-East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Ms. Ranjana Srivastava , Advocate
For the State : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard Ms. Ranjana Srivastava, learned counsel
appearing on behalf of the petitioner and Mr. Umeshanand
Pandit, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 109(1), 352 and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that on
account of previous enmity, all the F.I.R. named accused
persons, including this petitioner, assaulted father of informant
by means of lathi and danda.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. On account of previous enmity, simple
Patna High Court CR. MISC. No.5232 of 2026(2) dt.11-02-2026
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maar-peet took place between the parties in which both sides
sustained injuries. There is case and counter-case. Allegation of
assault is general and omnibus and no specific accusation of
overt act has been alleged against the petitioner. It is further
submitted that co-accused Nand Kishore Bhagat, having similar
and identical allegations, has already been granted the privilege
of anticipatory bail by this Hon’ble Court vide order dated
01.11.2025 passed in Cr. Misc. No. 72622 of 2025. Petitioner
claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, case and
counter-case between the parties, claim based on parity and
clean antecedents of the petitioner, the prayer for grant of
anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., East Champaran at
Patna High Court CR. MISC. No.5232 of 2026(2) dt.11-02-2026
3/3
Motihari in connection with Pakaridayal P.S. Case No. 190 of
2025, subject to condition as laid down under Section 482(2) of
the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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