Patna High Court
Rama Nandan Bhagat @ Ram Nandan BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioners subject to the conditions imposed.
Summary
The petitioners, Rama Nandan Bhagat and Ramdeo Bhagat, sought anticipatory bail fearing arrest in a case registered under IPC sections 384, 341, 323, 506 and 34, and Arms Act section 27 for an alleged assault on an informant and his family on 17‑08‑2015. The prosecution alleged that the petitioners, along with other accused, were armed and had assaulted the informant, his family and threatened them. The petitioners contended they were innocent, that the allegations were vague and omnibus, and highlighted their clean antecedents. The State opposed the grant of anticipatory bail. Considering the general nature of the accusations and the petitioners' clean record, the court allowed anticipatory bail, directing them to furnish a bail bond of Rs.10,000 each with two sureties, subject to Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious charges under the IPC and Arms Act
- Whether the allegations in the FIR are sufficiently specific to deny bail
- Whether the petitioners' clean antecedents justify the grant of anticipatory bail
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 323, 34, 341, 384, 506
Subjects
- anticipatory bail
- Indian Penal Code
- Arms Act
- criminal intimidation
- assault
- clean antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75763 of 2025
Arising Out of PS. Case No.-660 Year-2015 Thana- BIHTA District- Patna
======================================================
1. Rama Nandan Bhagat @ Ram Nandan Bhagat Son of Late Somaru Bhagat
R/o Village - Patsa, P.S.- Bihta, District - Patna.
2. Ramdeo Bhagat Son of Late Somaru Bhagat R/o Village - Patsa, P.S.- Bihta,
District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Digvijay Kumar Ojha, Advocate
For the State : Ms. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 15-01-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 384, 341,
323, 506 and 34 of the Indian Penal Code and Section 27 of the
Arms Act.
3. The prosecution case, in brief, is that on 17.08.2015
at about 8:30 AM, all the F.I.R. named accused persons,
including these petitioners, variously armed, abused and
assaulted informant and his family members. It is further alleged
that co-accused Umesh Yadav and Nivash Singh threatened the
Patna High Court CR. MISC. No.75763 of 2025(4) dt.15-01-2026
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informant and also misbehaved with daughter of informant.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. From bare perusal of the F.I.R. it is
apparent that these petitioners are only alleged to have assaulted
informant and his family members along with other co-accused
persons. Moreover, allegation of assault is general and omnibus.
Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioners, the prayer for grant of
anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned C.J.M., Danapur in
connection with Bihta P.S. Case No. 660 of 2015, subject to
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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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