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Patna High Court

Akhilesh BhagatversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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