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Patna High Court

Vidya Nand BhagatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners.

Summary

The petitioners, Vidya Nand Bhagat and Anshu Kumar, sought anticipatory bail fearing arrest in a case alleging offences under multiple sections of the Bihar Narcotic Substances (B.N.S.) Act, 2023 and the Arms Act. The prosecution alleged that on 1 June 2025 the petitioners, armed, assaulted an informant and her brother during a land dispute, describing specific acts of violence. The petitioners contended they were innocent, that the dispute was a mutual fight with injuries on both sides, that there was no injury report for the alleged victim, and that the accusations were vague; they also highlighted their clean records and that similarly situated co‑accused had been granted anticipatory bail in a prior case. The State opposed the bail. Considering the general nature of the accusations, the land‑dispute context, parity with other accused, and the petitioners' clean antecedents, the Court allowed the prayer for anticipatory bail, directing bail on a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S. Act.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the serious charges under the B.N.S. Act, 2023 and the Arms Act
  • Whether the allegations against the petitioners constitute a specific offence warranting denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • section 482
  • land dispute
  • B.N.S. Act
  • Arms Act
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.90524 of 2025
                     Arising Out of PS. Case No.-263 Year-2025 Thana- PIPRA District- East Champaran
                 ======================================================
           1.     Vidya Nand Bhagat S/o- Late Tej Narayan Bhagat R/v- Bisunpura Ps- Pipra
                  Dist- East Champaran
           2.    Anshu Kumar S/o- Vidya Nand Bhagat R/v- Bisunpura Ps- Pipra Dist- East
                 Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners      :        Mr. Abhishek Kumar, Advocate
                                                   Mr. Hemant Ray, Advocate
                 For the State            :        Mr. Arun Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                    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 126(2),

                   115(2), 118, 109(1), 303(2), 351(2), 352, 74 and 3(5) of the

                   B.N.S., 2023 and under Section 27 of the Arms Act.

                                  3. As per prosecution case, on 01.06.2025 at about

                   02:00 PM, while Panchyati was going on, all named accused

                   persons including these petitioners, variously armed, came there

                   and started abusing and assaulting the informant and created a

                   ruckus there. It is further alleged that Petitioner No. 1, namely

                   Vidya Nand Bhagat, along with co-accused Diplal Bhagat and
Patna High Court CR. MISC. No.90524 of 2025(2) dt.10-02-2026
                                            2/3




          Dharmendra Bhagat assaulted brother of informant, namely

          Sunil Kumar by means of lathi and iron rod and Petitioner No.

          2, namely Anshu Kumar, along with co-accused Gulshan Kumar

          and Akshay Kumar grabbed the hair of informant and pushed

          her on the ground.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. As a matter of fact, on account of

          long standing land dispute, free fight took place between the

          parties in which both sides sustained injuries. There is case and

          counter case. There is no injury report of brother of informant,

          namely Sunil Kumar, on record to substantiate the allegations

          levelled against Petitioner No. 1. So far as Petitioner No. 2 is

          concerned, there are general and omnibus nature of accusation

          and no specific accusation of overt act has been alleged against

          him. It is further submitted that similarly situated co-accused

          persons have already been granted the privilege of anticipatory

          bail by this Hon’ble Court vide order dated 15.10.2025 passed

          in Cr. Misc. No. 72287 of 2025. Petitioners claim clean

          antecedents.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the
             Patna High Court CR. MISC. No.90524 of 2025(2) dt.10-02-2026
                                                         3/3




                       petitioners.

                                    6. Considering the facts and circumstances of the

                       case, general and omnibus nature of accusation, case and

                       counter-case between the parties, claim based on parity 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 Sub-Divisional

                       Judicial Magistrate, Motihari, East Champaran in connection

                       with Pipra P.S. Case No. 263 of 2025, subject to 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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