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Patna High Court

Jagarnath Sah @ Jagannath SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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