Patna High Court
Vidya Nand BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 109(1), 115(2), 118, 126(2), 303(2), 3(5), 351(2), 352, 482(2), 74
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
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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
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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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