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2026 DAILYLAW 24482 (PAT)

Ishwar Bhagat @ Isar Bhagat v. The State of Bihar

CR. MISC./22311/2026 · 2026-07-15

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22311 of 2026 Arising Out of PS. Case No.-61 Year-2025 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Ishwar Bhagat @ Isar Bhagat S/O Late Janak Bhagat R/O Village-Vada @ Bara, P.S.-Rajepur, District-East Champaran (Motihari) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md Shadab Alam Wazdi, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 15-07-2026 Heard Mr. Shadab Alam, learned counsel for the petitioner and learned APP, Mr. Bharat Bhushan. 2. The petitioner is apprehending his arrest in connection with Siwaipatti P.S. Case No. 61 of 2025 for the offence under sections 114(4), 326(g) and 61(2) of the BNS lodged on 22.04.2025 by the informant, Nisha Devi. 3. As per the prosecution story, the informant alleged that on 03.01.2025, around midnight, the named accused persons including the petitioner, sprinkled petrol, and thereafter, lit the house on fire. Though the family members managed to escape, the food grains as also the goats were burnt in the fire. This led to the FIR. 4. Learned counsel for the petitioner submits that widow, Malti Devi was residing with him and as she had parted Patna High Court CR. MISC. No.22311 of 2026(3) dt.15-07-2026 2/2 away some land with him, aggrieved by that act, they took the extreme step of killing the lady in which the petitioner is the witness/informant. The present case is counterblast to the same. 5. Learned APP, Mr. Bharat Bhushan opposes the prayer submitting that though an alibi has been taken that it is a counterblast, there is no such petition before the Police/Superintendent of Police of the district showing the innocence, in fact, the FIR clearly shows that the mob was led by this petitioner which resulted into the fire and killing of the goats as also the entire house was burnt which led to the complainant loosing the food grains/clothes/other utensils. 6. Taking into account the allegation that has come against the petitioner, no relief can be extended. 7. The anticipatory bail application stands rejected. Adnan/- (Rajiv Roy, J) U T