Rabi Bhagat @ Ravi Bhagat Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Rabi Bhagat @ Ravi Bhagat Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with liberty to seek verification of the petitioner's innocence claim by the Senior Superintendent of Police, Darbhanga (police to complete verification within one month), coupled with an interim direction that the petitioner shall not be arrested for the next one month.

Issue for consideration

Whether the petitioner, who apprehends arrest in Bahera P.S. Case No. 455 of 2023 (Section 395 IPC, alleged dacoity) and claims false implication owing to enmity while residing in West Bengal, should receive protection from arrest pending verification of his claim.

Court's answer

Application disposed of with liberty to the petitioner to approach the Senior Superintendent of Police, Darbhanga with an application about his innocence; the SSPP will direct the I.O. to verify the facts mentioned in the application.

Ratio / Principle

Conditional direction: if the petitioner is found to be staying in West Bengal permanently and was also in West Bengal on the date of occurrence, appropriate order shall be passed by the Senior Superintendent of Police, Darbhanga; the entire exercise to be completed by the police within one month.

Key takeaways

Interim protection: for the next one month the petitioner shall not be arrested by the police.ratio¶18

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J.) disposing of a Criminal Miscellaneous application (CR. MISC. No.1090 of 2025, decided 04-03-2025) by Rabi Bhagat @ Ravi Bhagat, who apprehended arrest in Bahera P.S. Case No. 455 of 2023 (Section 395 IPC - alleged dacoity in the informant's shop involving cash of Rs.25,000/- and articles worth Rs. 10,00,000/-), having been named in the confessional statements of co-accused Ankesh Kumar @ Mikal and Subodh Kumar. Counsel submitted the petitioner was falsely implicated on account of enmity and resides in West Bengal. The Court disposed of the application with liberty to the petitioner to approach the Senior Superintendent of Police, Darbhanga, directed the SSPP to have the I.O. verify whether the petitioner permanently resides in West Bengal and was there on the date of occurrence (verification to conclude within one month, failing conditions an 'appropriate order' is to follow), and granted interim protection that the petitioner shall not be arrested for one month.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1090 of 2025

Arising Out of PS. Case No.-455 Year-2023 Thana- BAHERA District- Darbhanga

======================================================

Rabi Bhagat @ Ravi Bhagat S/O Kishan Bhagat R/O 17, Staff Quarter E.G. Fort William, Kolkata, P.S.- Maidan, District- Kolkata, West Bengal

... ... Petitioner/s

Versus

3 04-03-2025

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Binodanand Mishra, Sr. Advocate Mr. Sandeep Kumar, Advocate Mr. Gunjan Kumar Jha, Advocate For the State : Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

... ... Opposite Party/s

Heard learned Senior Counsel for the petitioner and learned APP for the State.

The petitioner apprehends arrest in connection with Bahera P.S. Case No. 455 of 2023 instituted under Section 395 of the Indian Penal Code.

As per the prosecution case, in the shop of the informant, dacoity was committed. Criminals looted Rs.25,000/and thereafter they also took away ornaments, domestic utensils, laptop worth Rs. 10,00,000/- and mobiles.

The petitioner is named in the confessional statement of co-accused namely Ankesh Kumar @ Mikal and Subodh Kumar.

At this stage, Mr. Binodanand Mishra, learned

Patna High Court CR. MISC. No.1090 of 2025(3) dt.04-03-2025 2/2

Senior Counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case by the two coaccused persons on account of enmity. The petitioner’s father is based in West Bengal and the petitioner also stays in West Bengal.

This application is disposed of with liberty to the petitioner to approach the Senior Superintendent of Police, Darbhanga with an application about his innocence. The Senior Superintendent of Police, Darbhanga will direct the I.O. of the case to verify the facts mentioned in the application of the petitioner. If the petitioner is found to be staying in West Bengal permanently and also on the date of occurrence the petitioner was in West Bengal then appropriate order shall be passed by the Senior Superintendent of Police, Darbhanga. The entire exercise shall be completed by the police within one months from today.

For the next one month, the petitioner shall not be arrested by the police.

(Sandeep Kumar, J)

P. Kumar

U T