Patna High Court
Akhilesh BhagatversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was dismissed.
Summary
The petitioner, Akhilesh Bhagat, applied for regular bail in a case registered under Sections 420, 406, 364, 120B and 34 of the Indian Penal Code, alleging that he was innocent of the alleged murder of the informant’s son in Kathmandu. The prosecution alleged that the accused extorted Rs. 7 lakh, took the victim to Kathmandu and killed him, and that a self‑incriminating statement by the petitioner linked him to the murder. The petitioner had been in custody since 8 July 2025 and had a prior criminal antecedent. The State opposed bail, citing the recovery of a dead body and the petitioner’s incriminating statement. The Court, considering the seriousness of the offences and the material evidence, dismissed the bail application.
Issues considered
- Whether regular bail can be granted to the petitioner in a case involving murder, extortion, kidnapping and conspiracy under Sections 420, 406, 364, 120B and 34 IPC.
Legislation cited
- Indian Penal Code — s. 120B, 34, 364, 406, 420
Subjects
- regular bail
- Indian Penal Code
- murder
- extortion
- kidnapping
- conspiracy
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91616 of 2025
Arising Out of PS. Case No.-156 Year-2024 Thana- SUGAULI District- East Champaran
======================================================
Akhilesh Bhagat Son of Babulal Bhagat Resident of Village - Sugaon Dih,
P.S. - Sugauli, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prateek Tandon, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 06-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Sugauli P.S. Case No. 156 of 2024 registered for the offence
under Sections 420, 406, 364, 120B, 34 of the Indian Penal
Code.
3. The allegation against the petitioner is that the
accused persons demanded Rs. 7 Lakhs from the informant’s
son for doing business in Kathmandu. After getting money, he
took the informant’s son to Kathmandu and thereafter killed
him.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 08.07.2025 having one criminal
antecedent.
Patna High Court CR. MISC. No.91616 of 2025(5) dt.06-04-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail and submits that one part of the body
has been recovered on the statement of the petitioner. He further
submits that the petitioner has given self- inculpatory statement
that he is involved in the murder of the informant’ son, Ritesh
Kumar Sah and Smita Devi due to illicit relation. The dead body
of one Ritesh Kumar Sah and Smita Devi were found in Nepal.
6. Considering the gravity of the offence and recovery
of the dead body at the instance of the petitioner, this application
is dismissed.
(Sandeep Kumar, J)
Ranjeet/-
U T
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