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2026 DAILYLAW 22018 (PAT)

Bihari Bhagat v. The State of Bihar

CR. MISC./41423/2026 · 2026-07-01

Sunil Dutta Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41423 of 2026 Arising Out of PS. Case No.-107 Year-2025 Thana- PIPRIYA District- Lakhisarai ====================================================== 1. Bihari Bhagat Son of Dhobi Bhagat @ Budhu Bhagat Resident of Village- Basauna, P.S.- Piparia, District- Lakhisarai. 2. Kanhaiya Bhagat @ Kanhaiya Bind @ Kanhaiya Kumar @ Knahiya Kumar Son of Mohan Bhagat Resident of Village- Diara, P.S.- Piparia, District- Lakhisarai. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 2 01-07-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in a case registered under Sections 127(2), 326(g), 324(4), 351(2) and 3(5) of Bharatiya Nyaya Sanhita. 3. As per prosecution case, it is alleged that 19 named accused persons including the petitioners and 10 unknown accused persons surrounded the house of the informant, while he was sleeping, and set the house on fire. 4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case due to village politics. Further submission is that no specific overt act is alleged against the petitioners. Specific allegation is made against co-accused Mohan Bhagat and Indal Bhagat. Petitioner no. 1 has two criminal antecedents out of Patna High Court CR. MISC. No.41423 of 2026(2) dt.01-07-2026 2/2 which, one belongs to Excise Act, and in both the cases, he is on bail and petitioner no. 2 has no criminal antecedent. Petitioners undertake to cooperate in the investigation and trial. There is no chance of tampering with the evidence or absconding of the petitioners. 5. Learned A.P.P. appearing on behalf of the State opposed the bail application. 6. Having considered the facts and circumstances of the case, submissions of learned counsel for the parties as well as the fact that no specific overt act is alleged against the petitioners, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Piparia P.S. Case No. 107 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. utkarsh/- (Sunil Dutta Mishra, J) U T