Patna High Court
Sudhir Bhagat @ Sudheer BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court held that regular bail must be granted as there is no material evidence against the petitioner and precedent shows similar co‑accused were released.
Summary
Sudhir Bhagat was arrested in connection with a 2014 case alleging participation in a Naxalite outfit, charged under several sections of the IPC, UAPA, CLA and Arms Acts. The FIR was based primarily on an informant's report and the confessional statements of co‑accused who were apprehended at the scene. The petitioner contended that he was falsely implicated, no incriminating material was recovered from him, and that similarly situated co‑accused had been granted regular bail. The State opposed bail, citing the seriousness of the offences. The High Court, noting the lack of direct evidence, the precedent of bail to co‑accused, and the petitioner's claim of innocence, allowed the bail application, directing release on a Rs.10,000 bond with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under Sections 121, 121A, 120B, 441 of the IPC and multiple provisions of the UAPA, CLA and Arms Acts.
- Whether the FIR, founded solely on an informant's report and co‑accused statements, suffices to deny bail.
- Whether the grant of bail to similarly situated co‑accused is determinative for the petitioner's bail application.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- CLA Act — s. 17
- Indian Penal Code — s. 120B, 121, 121A, 441
- Unlawful Activities (Prevention) Act — s. 10, 11, 118(B), 11(A), 17, 18, 19, 20
Subjects
- bail
- Naxalite
- IPC
- UAPA
- Arms Act
- regular bail
- informant report
- co‑accused statements
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7576 of 2026
Arising Out of PS. Case No.-92 Year-2014 Thana- KATHAIYA District- Muzaffarpur
======================================================
Sudhir Bhagat @ Sudheer Bhagat, aged about 45 years, Male, Son of Ramdeo
Bhagat @ Ram Dev Bhagat, Resident of Mahabbatpur, P.S.- Deoria, District-
Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Kathaiya P.S. Case No. 92 of 2014 instituted for the offences
punishable under Sections 121, 121(A), 120B, 441 of the Indian
Penal Code, Sections 10, 11, 17, 18, 11(A), 118(B), 19 and 20 of
the UAP Act, Section 17 of the CLA Act as well as Sections
25(1-B)(a), 26 and 35 of the Arms Act.
3. As per allegation in the FIR, some criminals
associated with naxalite organization were assembled near Sirsia
Nahar, where the informant reached at the place of occurrence
with the police party, 10-12 suspicious persons on 7-8
motorcycles were found discussing something and on seeing the
police party, they tried to flee away from the place of
occurrence, out of which, three persons were apprehended by
Patna High Court CR. MISC. No.7576 of 2026(3) dt.01-04-2026
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the police and they disclosed the name of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case. He further submits that the
allegation against the petitioner is totally false and concocted
and nothing has been recovered from the conscious possession
of the petitioner. He next submits that the petitioner was not
arrested at the spot and his name has been surfaced in this case
only on the basis of confessional statement of arrested co-
accused persons. He lastly submits that similarly situated co-
accused persons have been granted regular bail by a Co-ordinate
Benches of this Court. Petitioner has got twelve criminal
antecedents of the same nature as stated in para 3 of the petition
is in custody since 19.06.2024.
5. Learned APP for the State opposes the prayer for
regular bail of the petitioner.
6. From perusal of the FIR, case diary and impugned
order of the learned Principal District and Sessions Judge,
Muzaffarpur dated 17.10.2025, it appears that only on the basis
of written report of the informant, FIR has been registered under
Sections 121, 121(A), 120B, 441 of the Indian Penal Code and
Sections 10, 11, 17, 18, 11(A), 118(B), 19 and 20 of the UAP
Patna High Court CR. MISC. No.7576 of 2026(3) dt.01-04-2026
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Act and Section 17 of the CLA Act as well as Sections 25(1-B)
(a), 26 and 35 of the Arms Act against the co-accused persons
including the present petitioner and the allegation is of
indulging in naxalite organization. Similarly situated co-accused
persons namely Sujit Kumar, Nand Lal Kumar Bhagat and
Kamlesh Kumar @ Kamlesh Kumar @ Kamlesh Bhagat have
been granted regular bail by a Bench of this Court in Cr. Misc.
Nos. 5349 of 2015, 6712 of 2015 and 23653 of 2015 vide orders
dated 23.06.2015, 27.02.2015 and 09.07.2015, respectively, so
considering all these aspects of the case and submissions of
learned counsel for the petitioner, I am inclined to grant regular
bail to the petitioner.
7. Accordingly the prayer for bail of the petitioner is
allowed. Let the petitioner above named be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Principal District and Sessions Judge, Muzaffarpur in
connection with UAP Case No. 06 of 2024 arising out of
Kathaiya P.S. Case No. 92 of 2014.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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