Allowed¶26

Niranjan Kumar Bhagat @ Bablu v. The State of Bihar

Patna HC2 Dec 2025CR. MISC./34775/2025

Case brief

AI extract

What is this about?

Regular bail ALLOWED (Patna HC, Crl. Misc. No.34775 of 2025, order dt. 02-12-2025, Jt. Ashok Kumar Pandey) in Puraini PS Case 147/2024, Madhepura; charges: Ss.109, 103(1), 3(5) BNS + S.27 Arms Act (alleged fatal firing on 31.07.2024 on Chandra Shekhar Jha). Defence points: no CDR, principal's statement unrecorded, impleaded only on mobile-call ground; custody since 02.08.2024; State cited nine criminal antecedents. Condition: bail bond Rs.10,000/- with two sureties of like amount each before ASJ-IX, Madhepura.

What did the court decide?

Petitioner directed to be released on bail in connection with Puraini P.S. Case No. 147 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IX, Madhepura/concerned Court below. ¶26

Niranjan Kumar Bhagat @ Bablu Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, prosecuted in Puraini P.S. Case No. 147 of 2024 for offences punishable under Sections 109, 103(1) and 3(5) of the B.N.S. and Section 27 of the Arms Act, should be enlarged on regular bail.

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Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances of the case, the court was inclined to enlarge the petitioner on bail and directed his release on bail in connection with Puraini P.S. Case No. 147 of 2024 on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IX, Madhepura/concerned Court below.

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Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.34775 of 2025 (oral order dated 02-12-2025, Ashok Kumar Pandey, J): regular bail granted to Niranjan Kumar Bhagat @ Bablu, accused in Puraini P.S. Case No. 147 of 2024 (District Madhepura), registered for offences under Sections 109, 103(1) and 3(5) of the B.N.S. and Section 27 of the Arms Act. Prosecution case: on 31.07.2024 the petitioner allegedly fired at Chandra Shekhar Jha, son of the informant, who died during treatment. Petitioner's counsel argued that the informant learnt of the occurrence only from the deceased's mobile call, that the school principal's statement was not recorded, that no CDR was produced to fortify the call allegation, and that the petitioner had been impleaded only on the ground of a mobile call; petitioner in judicial custody since 02.08.2024. Learned APP opposed bail, submitting nine criminal antecedents. The court enlarged the petitioner on bail on a bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-IX, Madhepura/concerned Court below; application allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34775 of 2025

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Arising Out of PS. Case No.-147 Year-2024 Thana- PURAINI District- Madhepura

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

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Niranjan Kumar Bhagat @ Bablu S/o Late Manik Chand Bhagat Resident of village- Madhali, Diyara Ward No 11, PS- Alamnagar, District- Madhepura

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Barun Kumar Singh, Adv For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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5 02-12-2025

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Heard learned counsel for the petitioner and Mr.

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Sanjay Kumar Pandey, learned APP for the State.

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The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 109, 103(1) and 3(5) of the B.N.S. and Section 27 of the Arms Act.

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The case of the prosecution, in short, is that, on

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31.07.2024 at about 8:30 A.M., the son of the informant, namely, Chandra Shekhar Jha was going to his school on his motorcycle. In the meantime, the petitioner and the co-accused persons intercepted him and the petitioner fired at him which hit in the back of the son of the informant. It is further alleged that the son of the informant called the informant and informed him that the petitioner has fired at him. Thereafter, the villagers took the son of the informant to the hospital, subsequently, he died

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Patna High Court CR. MISC. No.34775 of 2025(5) dt.02-12-2025 2/3

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during course of the treatment.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that from perusal of the FIR it is clear that the informant has came to know about the occurrence from the mobile call of the deceased. From perusal of the case diary it is evident that the witnesses have stated that the deceased has called the principal of his school where he was working and it is very surprising that the statement of the principal of that school has not been recorded and there is no CDR to connect or to fortify the statement of the informant that the deceased has made a call to him. It has also been submitted that he has been impleaded in this case only on the ground of mobile call but there is no material on record to show that actually any call was made by the deceased to the informant or the principal. Moreover, the petitioner is languishing in judicial custody since 02.08.2024.

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Learned APP appearing for the State has vehemently opposed the prayer of regular bail and submitted that petitioner is having criminal antecedent of nine cases.

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Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is

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Patna High Court CR. MISC. No.34775 of 2025(5) dt.02-12-2025 3/3

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inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Puraini P.S. Case No. 147 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IX,

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Madhepura/concerned Court below.

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Accordingly, the application stands allowed.

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(Ashok Kumar Pandey, J)

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Jyoti/-

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U T

Niranjan Kumar Bhagat @ Bablu v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Niranjan Kumar Bhagat @ Bablu v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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