Patna High Court

Sudhir Bhagat @ Sudheer Bhagat @ Aditya Kumar @ Loha SinghversusThe State of Bihar

Decided: 12 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Sudhir Bhagat, was charged under Sections 147, 148, 149, 302 and 120(B) of the Indian Penal Code, Section 27 of the Arms Act and several sections of the Unlawful Activities (Prevention) Act in connection with the murder of an informant's husband. The prosecution alleged that six persons, including the petitioner, were responsible for the killing. The petitioner contended that he was falsely implicated, that the allegations were vague, and pointed to earlier bail orders granted to co‑accused in similar circumstances. He had been in judicial custody since May 8, 2018, with no witness examination. After hearing both sides, the Court found merit in the bail plea and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Principal District and Sessions Judge, Muzaffarpur.

Issues considered

Whether the petitioner is entitled to bail despite the seriousness of the offences charged under the IPC, Arms Act and UAPA.
Whether the lack of witness examination and the precedent of bail granted to co‑accused justify granting bail.

Legislation cited

Arms Act — s. 27
Indian Penal Code — s. 120, 147, 148, 149, 302
Unlawful Activities (Prevention) Act — s. 10, 13, 16, 18, 19, 20

Subjects

bail
Indian Penal Code
Arms Act
UAPA
judicial custody
co‑accused precedent
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8422 of 2026
                     Arising Out of PS. Case No.-12 Year-2015 Thana- DEWARIA District- Muzaffarpur
                 ======================================================
                 Sudhir Bhagat @ Sudheer Bhagat @ Aditya Kumar @ Loha Singh, S/O
                 Ramdeo Bhagat @ Ram Dev Bhagat, Resident of Mohabbatpur, 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.Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   12-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Deoria P.S. Case No.12 of 2015 registered for the offence

                   punishable under Sections 147, 148, 149, 302 and 120(B) of the

                   I.P.C., Section 27 of the Arms Act, Sections 10, 13, 16(B), 18,

                   19 and 20 of UAP Act.

                                3. The case of the prosecution, in short, is that the

                   husband of the informant was killed by six named persons. The

                   petitioner is one amongst them.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. The nature of allegation is general and omnibus. It has
             Patna High Court CR. MISC. No.8422 of 2026(3) dt.12-02-2026
                                                         2/2




                       further been submitted that similarly situated co-accused

                       Harendra Bhagat has been granted bail by learned Co-ordinate

                       Bench of this Court vide Cr. Misc. No. 31230 of 2019 and Co-

                       accused Mauje Lal Bhagat and Ramdeo Bhagat have also been

                       granted bail by learned Co-ordinate Bench of this Court vide

                       Cr. Misc. No. 5106 of 2020 and 56066 of 2018 respectively.

                       The case of this petitioner stands on similar footing. It has also

                       been submitted that petitioner is languishing in judicial custody

                       since 08.05.2018 and till today, no witness has been examined.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned

                       Principal District and Sessions                     Judge,   Muzaffarpur   in

                       connection with Deoriya P.S. Case No. 12 of 2015.


                                                        (Ashok Kumar Pandey, J)

lata/-
U        T

Continue reading with your account

Checking your session…