Patna High Court

Kapil BhagatversusThe State of Bihar

Decided: 23 February 2026
Disposal: DISPOSED
Bench: PRABHAT KUMAR SINGH

Holding

The court granted anticipatory bail to the petitioners, subject to a bail bond of Rs 10,000 each, two sureties and compliance with Section 482 of the Bhartiya Nyaya Sanhita.

Summary

The petitioners, Pavitra Ram Bhagat and Mina Bhagat, filed an anticipatory bail application fearing arrest in a case registered under Sections 126(2), 115(2), 109(1), 351(2), 352 and 3(5) of the Bhartiya Nyaya Sanhita. The FIR alleged that they, along with others, assaulted an informant with lathis, rods and a pistol, causing head injuries with an intention to kill. The petitioners contended that they are innocent, that the incident stemmed from a land‑encroachment dispute, and that the injuries were minor. The State opposed the bail, but the court considered the facts and the provisions of Section 482 of the B.N.S.S. 2023. It ordered that the two petitioners be released on anticipatory bail upon furnishing a bail bond of Rs 10,000 each with two sureties, within eight weeks of the order. The application was consequently disposed of with bail granted subject to the stipulated conditions.

Issues considered

Whether anticipatory bail should be granted to the petitioners under Section 482 of the Bhartiya Nyaya Sanhita in view of the alleged offences.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352, 482

Subjects

anticipatory bail
Section 482
Bhartiya Nyaya Sanhita
assault
attempted murder
land dispute
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8476 of 2026
                      Arising Out of PS. Case No.-109 Year-2025 Thana- PIPRIYA District- Lakhisarai
                 ======================================================
           1.     Kapil Bhagat S/o Late Bano Bhagat R/o Village - Pathua, P.S - Pipariya,
                  District - Lakhisarai
           2.    Pavitra Ram Bhagat @ Pawan Kumar @ Pavitram Kumar S/o Kapil Bhagat
                 R/o Village - Pathua, P.S - Pipariya, District - Lakhisarai
           3.    Mina Bhagat @ Mina Devi W/o Kapil Bhagat R/o Village - Pathua, P.S -
                 Pipariya, District - Lakhisarai

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rabi Bhushan
                 For the Opposite Party/s :        Mr.Shailendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-02-2026                   At the outset, learned counsel for the petitioners seeks

                   permission to withdraw this anticipatory bail petition, so far as

                   petitioner no. 1 is concerned.

                                2. The anticipatory bail petition stands dismissed, so

                   far as petitioner no. 1 is concerned.

                                3. The petitioners (i.e. petitioner nos. 2 & 3)

                   apprehend their arrest in a case registered for the offence under

                   Sections 126(2), 115(2), 109(1), 351(2), 352 & 3(5) of the

                   Bhartiya Nyaya Sanhita.

                                4. As per F.I.R., on 09.12.2025 at 6 AM, all the named

                   accused persons, including petitioners, armed with lathi, danda,
Patna High Court CR. MISC. No.8476 of 2026(2) dt.23-02-2026
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          iron rod and pistol, abused and assaulted informant and also

          caused injury on the head of informant with intention to kill

          him, but anyhow informant could saved his life.

                       5. Learned counsel for the petitioners submits that

          petitioners are quite innocent and have committed no offence.

          Petitioner no. 2 is nephew & petitioner no. 3 is Bhabhi of the

          informant and there is partition dispute between the parties. As a

          matter of fact, on the alleged date of occurrence, due to

          encroachment of the land by informant and her family members,

          some altercation took place between the parties. Injuries are

          simple in nature.

                       6. Learned A.P.P. for the State has opposed the prayer

          for anticipatory bail.

                       7. In the facts and circumstances of the case, let the

          above named petitioner nos. 2 & 3, in the event of

          arrest/surrender within a period of eight weeks from today, be

          enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

          thousand) each with two sureties of the like amount each to the

          satisfaction of learned Chief Judicial Magistrate, Lakhisarai in

          connection with Pipariya P.S. Case No. 109 of 2025, subject to

          condition, as laid down under Section 482 of the B.N.S.S.,

          2023.
           Patna High Court CR. MISC. No.8476 of 2026(2) dt.23-02-2026
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                                  8. This application is, accordingly, disposed of.



                                                         (Prabhat Kumar Singh, J)
anay

U      T

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