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Patna High Court

Nathuni BhagatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail must be granted as the investigation failed to produce any evidence implicating the petitioners in the alleged crime.

Summary

The petitioners, members of the Bhagat family, sought anticipatory bail after being implicated in a case concerning the disappearance and death of the informant's son, alleged to be linked to a land dispute. The FIR alleged offences under Sections 137(2), 140(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, but the petitioners argued that the investigation revealed no concrete evidence tying them to the alleged murder, noting that call detail records showed no contact and the post‑mortem indicated death by drowning. The State opposed the bail, contending that the informant’s testimony and the land dispute provided sufficient grounds to deny relief. The court examined the lack of substantive evidence and applied the provisions of Section 438 of the CrPC read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concluding that anticipatory bail was appropriate. Consequently, the court granted anticipatory bail subject to a bond of Rs.10,000 and specific conditions, emphasizing that the order’s observations would not affect the trial.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC and Section 482 B.N.S.S. when the investigation yields no substantive evidence linking the petitioners to the alleged offences.
  • Whether the existence of a land dispute and the informant’s allegations constitute sufficient ground to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • land dispute
  • murder investigation
  • lack of evidence
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91204 of 2025

                   Arising Out of PS. Case No.-109 Year-2025 Thana- SIWAIPATTI District- Muzaffarpur
                 ======================================================
           1.    Nathuni Bhagat Son of Late Paldhari Bhagat Resident of Village - Ghosaut,
                 P.S.- Siwaipatti, District - Muzaffarpur.
           2.    Shribhagat @ Sri Bhagat @ Shree Bhagat Son of Paldhari Bhagat Resident
                 of Village - Ghosaut, P.S.- Siwaipatti, District - Muzaffarpur.
           3.    Rajeev Kumar @ Rajiv Kumar Son of Nathuni Bhagat Resident of Village -
                 Ghosaut, P.S.- Siwaipatti, District - Muzaffarpur.
           4.    Rabin Bhagat @ Ravin Kumar @ Rabin Kumar Son of Nathuni Bhagat
                 Resident of Village - Ghosaut, P.S.- Siwaipatti, District - Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Ganesh Prasad Singh, Adv.
                 For the Informant       :        Mr. Raju Kumar, Adv.
                 For the State           :        Ms. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   20-02-2026                   Heard the learned counsel appearing on behalf of the

                   parties.

                                 2. The petitioners are apprehending their arrest in

                   connection with Siwaipatti P.S. Case No. 109 of 2025 registered

                   for the offence(s) under Section(s) 137(2), 140(1) and 3(5) of

                   the Bharatiya Nyaya Sanhita, 2023 (B.N.S.).

                                 3. As per the prosecution case, the informant has

                   alleged that his son had gone out in the evening on his bicycle

                   and did not return. It is alleged that she was having a land
Patna High Court CR. MISC. No.91204 of 2025(3) dt.20-02-2026
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          dispute with petitioner No. 1/Nathuni Bhagat and she

          apprehends that the named accused persons including the

          petitioners had made her son disappear and even killed him.

                       4. The learned counsel for the petitioners submits that

          from the perusal of the F.I.R., it would be evident that a mere

          suspicion has been raised against the petitioners and no specific

          allegation of killing of the son of the informant has been made.

          It has further been submitted that admittedly there is a land

          dispute between the petitioners and the informant, such fact has

          also come during the course of investigation. It has further been

          pointed out that the police had tracked the CDR of the deceased

          as also the accused persons and it was recorded in paragraph 99

          of the case diary that the deceased had no conversation

          whatsoever with the accused persons.                 It has also been

          submitted that from the post-mortem report, it would be evident

          that the cause of death was said to be asphyxia as a result of

          drowning. It has lastly been submitted that the petitioners are

          the family members and they all have been falsely implicated in

          this case and they all carry clean antecedents.

                       5. The learned A.P.P. for the State as also the learned

          counsel for the opposite party No. 2 have vehemently opposed

          the prayer for grant of anticipatory bail to the petitioners and
Patna High Court CR. MISC. No.91204 of 2025(3) dt.20-02-2026
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          have submitted that the facts stated in the F.I.R. has been

          supported even during the course of investigation by the

          informant as well as her other family members. It has been

          submitted that there was a land dispute between the parties and

          the son of the informant died in mysterious circumstance and,

          therefore, the petitioners should not be granted the privilage of

          anticipatory bail.

                       6. Considering the facts and circumstances of the

          case and taking into account the fact that there is no evidence

          collected during the course of investigation to show that the

          petitioners were involved, let the petitioners, above-named, be

          released on anticipatory bail, in the event of their arrest or

          surrender before the concerned Court/successor Court within a

          period of four weeks from today, on their furnishing bail bond in

          the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two

          sureties of the like amount each to the satisfaction of the

          concerned Court/successor Court where the case is pending in

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

          the conditions as laid down under Section 438(2) of the Code of

          Criminal Procedure, 1973 read with corresponding Section

          482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023

          (B.N.S.S.) as well as subject to the following conditions :

                                 (i) One of the bailors of the petitioners shall be their
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                                        close relative and the other shall be a local resident.
                                             (ii) The petitioners shall remain physically present
                                        before the concerned Court on each and every date of the
                                        trial and shall cooperate in the investigation.
                                             (iii) In case of absence for two consecutive occasions
                                        or in violation of the terms of the bail, the bail bond of the
                                        petitioners will be liable to be cancelled by the concerned
                                        Court.
                                             (iv) The concerned Court shall verify the criminal
                                        antecedent of the petitioners and in case, at any stage, it is
                                        found that he has concealed their criminal antecedent, the
                                        Court concerned shall take necessary steps for cancellation
                                        of their bail bond. However, the acceptance of bail bond
                                        in terms of the above-mentioned order shall not be delayed
                                        for purpose of or in the name of verification.


                                   7. It is made clear that the observations, if any, made

                      in this order, shall be of no bearing during the trial.

                                   8. The application stands allowed.



                                                 (Sourendra Pandey, J)
Praveen-II/-

U       T


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