Patna High Court
Ramhridya BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioner with specified conditions.
Summary
The petitioner, Ramhridya Bhagat, sought anticipatory bail after being implicated in a case arising from a dispute over water falling on his roof, which allegedly led to assault and multiple injuries. The FIR alleges offences under several sections of the B.N.S., including assault and grievous hurt. The petitioner argued that the incident was a petty dispute, that injuries to the informant were not caused by him, and that there is a counter‑case with injuries to his own side, including grievous injuries to a vital part of the body. The State opposed the bail. Considering the existence of a case and counter‑case, the seriousness of injuries on both sides, and the petitioner’s clean record, the court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties, surrender within four weeks, and conditions under Section 438(2) Cr.P.C. and Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted under Section 438 Cr.P.C. in view of the alleged offences under the B.N.S.
- Whether the existence of a counter‑case and the nature of injuries affect the grant of bail
- Whether the petitioner’s lack of criminal antecedent warrants bail
Legislation cited
- B.N.S. — s. 109, 115, 117(2), 118(2), 126(2), 303(2), 3(5), 352, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Section 482 B.N.S.
- assault
- grievous hurt
- case and counter case
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7421 of 2026
Arising Out of PS. Case No.-149 Year-2025 Thana- YADOPUR District- Gopalganj
======================================================
Ramhridya Bhagat Son of Late Layachi Bhagat Resident of Village - Olipur,
P.S. - Yadapur, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Dubey
For the Opposite Party/s : Mr.Pushpa Sinha
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case
registered for the offence punishable under Sections 126(2),
115, 118(2), 109, 117(2), 352, 303(2) and 3(5) of the B.N.S.
3. Allegation in the first information report is that on a
dispute with regard to falling of water on the roof of the house
of the petitioner Ramhridya Bhagar an incident of abuse and
assault took place causing injuries to the informant and others.
4. Learned counsel for the petitioner submits that it
would be apparent from the first information report itself that
the incident took place on account of a petty dispute and the
allegation on the petitioner is that of giving farsa blow on the
head of the informant but the injury report of the informant
Annexure-p/4 would show that he has received a total of six
Patna High Court CR. MISC. No.7421 of 2026(2) dt.04-02-2026
2/3
injuries and the injury on the head of the informant is a lacerated
wound caused by hard and blunt object and the injury no. 6 is
said to be grievous in nature which is in the form of a pain in the
right forearm which is a non-vital part of the body and the said
injury is also not attributable to the petitioner. It has further been
submitted that there is case and counter case on both the sides
and the counter case being Yadopur P.S. Case No. 150 of 2025
has also been brought on record by way of Annexure-P/2.
Further, the petitioner’s side has also suffered several injuries
including grievous injuries as would be evident from Annexure-
P/3 and the injury suffered by one Sachin Kumar on the side of
the petitioner has been suffered on the head also which is vital
part of the body.
5. Learned APP for the State has opposed the
application for anticipatory bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that there is case
and counter case on both the sides and the incident took place
upon some provocation at the spur of the moment and the
injuries on the side of the petitioner are also grievous in nature
and also on the vital part of the body, let the above named
petitioner, who has no criminal antecedent, in the event of his
Patna High Court CR. MISC. No.7421 of 2026(2) dt.04-02-2026
3/3
arrest or surrender before the learned Court below within a
period of four weeks from today, be enlarged on 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 below where the case is pending/successor court
in connection with Yadopur P.S. Case No. 149 of 2025, subject
to the condition as laid down under Section 438 (2) of the
Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J)
devendra/-
U T
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