Patna High Court
Jagarnath Sah @ Jagannath SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted pre‑arrest bail in Cr. Misc. No.86199 where the petitioner had a clean antecedent and no direct involvement, but denied bail in Cr. Misc. No.87950 where the petitioner was alleged to have instigated the offence, holding that bail discretion must reflect both the seriousness of the charge and the individual’s role.
Summary
The petitioners Jagarnath Sah and Ajeet Kumar sought pre‑arrest bail in two separate criminal miscellaneous applications concerning offences under sections 103(1) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023. In the first case (Cr. Misc. No.86199), the petitioner claimed innocence, a clean antecedent and that the allegations were directed at other co‑accused, leading the court to grant bail on a Rs.10,000 bond with two sureties. In the second case (Cr. Misc. No.87950), the petitioner was alleged to have called the deceased and thereby precipitated the assault that resulted in death, prompting the court to reject the bail application. The court applied section 482(2) of the BNS to assess the merits of the bail pleas, balancing the seriousness of the offence against the petitioner's personal circumstances. Ultimately, bail was granted in the first matter and denied in the second, reflecting the differing factual matrices.
Issues considered
- What is the appropriate exercise of discretion under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting or refusing pre‑arrest bail?
- Does the petitioner’s clean antecedent and lack of direct participation in the alleged crime justify bail in Cr. Misc. No.86199?
- Do the allegations that the petitioner instigated the assault and caused the death of the deceased justify denial of bail in Cr. Misc. No.87950?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 103(1), 3(5), 482(2)
Subjects
- pre‑arrest bail
- bail discretion
- Bharatiya Nagarik Suraksha Sanhita
- section 482(2)
- clean antecedent
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86199 of 2025
Arising Out of PS. Case No.-122 Year-2025 Thana- Panapur District- Muzaffarpur
======================================================
Jagarnath Sah @ Jagannath Sah S/o Ram Sewak Sah Resident of Village-
Mithanpura, P.S.- Panapur Kariyat, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 87950 of 2025
Arising Out of PS. Case No.-122 Year-2025 Thana- Panapur District- Muzaffarpur
======================================================
Ajeet Kumar Son of Late Birendra Sah @ Birendra Kumar Sah Resident of
Village - Mithanpura, P.S.- Panapur Kariyat, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 86199 of 2025)
For the Petitioner/s : Mr. Hari Kishore Thakur , Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal , APP
For informant : Mr. Jitendra Kumar Giri , Advocate
(In CRIMINAL MISCELLANEOUS No. 87950 of 2025)
For the Petitioner/s : Ms. Nitu Kumari , Advocate
For the Opposite Party/s : Mr. Binod Kumar , APP
For informant : Mr. Kishore saurabh, Advocate
Mr. Manish Kumar , Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 12-02-2026 Re:- Cr. Misc. No. 86199 of 2025
Heard learned counsel for the petitioner and the
Patna High Court CR. MISC. No.86199 of 2025(3) dt.12-02-2026
2/3
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 103 (1) and 3 (5) of
BNS.
3 . As per F.I.R. brother informant informant was
killed by accused persons, on account of some money dispute .
4. It is submitted on behalf of the petitioner that
petitioner is innocent and has committed no offence as alleged.
Specific accusation is against other co-accused persons. There is
absolutely no allegation that this petitioner either participated in
the alleged occurrence or assaulted the deceased. Petitioner
claims clean antecedent.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, clean antecedent of
the petitioner and other circumstances of the case , in the event
of arrest or surrender within eight weeks from today, let the
petitioner, as named above, be enlarged on bail on furnishing
bail bond of Rs.10,000/-(ten thousand) with two sureties of the
like amount each to the satisfaction of the learned JM 1st Class
Muzaffarpur East in connection with Panapur Kariyat P.S. Case
No. 122 of 2025 , subject to the conditions laid down under
Patna High Court CR. MISC. No.86199 of 2025(3) dt.12-02-2026
3/3
section 482(2) of the Bharatiya Nagarik Suraksha Sanhita ,
2023 .
Re:- Cr. Misc. No. 87950 of 2025
Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 103 (1) and 3 (5) of
BNS.
3 . As per F.I.R. it was this petitioner who called the
deceased and thereafter accused persons assaulted him, as a
result of which brother informant ( deceased ) died.
4. Considering the seriousness and nature of
accusation and gravity of offence , prayer for pre – arrest bail of
petitioner is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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