Allowed¶21

Ramhridya Bhagat v. The State of Bihar

Patna HC4 Feb 2026CR. MISC./7421/2026

Case brief

AI extract

What is this about?

Anticipatory bail granted; Patna High Court; CRIMINAL MISCELLANEOUS No.7421 of 2026; decided 04-02-2026; Soni Shrivastava, J; Ramhridya Bhagat v. The State of Bihar; Yadopur P.S. Case No. 149 of 2025, District Gopalganj; B.N.S. Sections 126(2), 115, 118(2), 109, 117(2), 352, 303(2), 3(5); roof-water dispute; case and counter case (Yadopur P.S. Case No. 150 of 2025); no criminal antecedent; bail bond Rs.10,000 with two sureties; conditions under Section 438(2) Cr.P.C. / 482(2) B.N.S.S.

What did the court decide?

Anticipatory bail: petitioner to be enlarged on bail on arrest or surrender within four weeks, on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the court below (Yadopur P.S. Case No. 149 of 2025), subject to conditions under Section 438(2) Cr.P.C./482(2) B.N.S.S. ¶21

Ramhridya Bhagat Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Yadopur P.S. Case No. 149 of 2025 for offences punishable under Sections 126(2), 115, 118(2), 109, 117(2), 352, 303(2) and 3(5) of the B.N.S., should be enlarged on anticipatory bail.

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Court's answer

Anticipatory bail allowed: the petitioner, who has no criminal antecedent, is to be enlarged on bail if arrested or surrendered before the court below within four weeks, on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, subject to the conditions in Section 438(2) Cr.P.C./482(2) B.N.S.S., in connection with Yadopur P.S. Case No. 149 of 2025.

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Ratio / Principle

Grounds for granting bail: existence of case and counter case on both sides, the incident occurring upon some provocation at the spur of the moment, and grievous injuries on vital parts of the body suffered by the petitioner's side.

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Detailed headnote1 paragraphs

Criminal Miscellaneous No.7421 of 2026, decided 04-02-2026 (Soni Shrivastava, J): Anticipatory bail application allowed in favour of Ramhridya Bhagat, apprehending arrest in Yadopur P.S. Case No. 149 of 2025 (District Gopalganj) for offences punishable under Sections 126(2), 115, 118(2), 109, 117(2), 352, 303(2) and 3(5) of the B.N.S., arising from a dispute over falling of water on the roof of the petitioner's house leading to abuse and assault with injuries on both sides. Taking into account the case and counter case on both sides (Yadopur P.S. Case No. 150 of 2025), the incident having occurred upon some provocation at the spur of the moment, grievous injuries on vital parts suffered by the petitioner's side, and the petitioner having no criminal antecedent, the Court directed that on arrest or surrender within four weeks he be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, subject to conditions under Section 438(2) Cr.P.C./482(2) B.N.S.S.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7421 of 2026

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Arising Out of PS. Case No.-149 Year-2025 Thana- YADOPUR District- Gopalganj

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

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Ramhridya Bhagat Son of Late Layachi Bhagat Resident of Village - Olipur, P.S. - Yadapur, District - Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pankaj Kumar Dubey For the Opposite Party/s : Mr.Pushpa Sinha ======================================================

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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

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2 04-02-2026

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Heard learned counsel for the petitioner and learned

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Additional Public Prosecutor for the State.

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The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 126(2), 115, 118(2), 109, 117(2), 352, 303(2) and 3(5) of the B.N.S.

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Allegation in the first information report is that on a dispute with regard to falling of water on the roof of the house of the petitioner Ramhridya Bhagar an incident of abuse and assault took place causing injuries to the informant and others.

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Learned counsel for the petitioner submits that it would be apparent from the first information report itself that the incident took place on account of a petty dispute and the allegation on the petitioner is that of giving farsa blow on the head of the informant but the injury report of the informant Annexure-p/4 would show that he has received a total of six

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Patna High Court CR. MISC. No.7421 of 2026(2) dt.04-02-2026 2/3

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injuries and the injury on the head of the informant is a lacerated wound caused by hard and blunt object and the injury no. 6 is said to be grievous in nature which is in the form of a pain in the right forearm which is a non-vital part of the body and the said injury is also not attributable to the petitioner. It has further been submitted that there is case and counter case on both the sides and the counter case being Yadopur P.S. Case No. 150 of 2025 has also been brought on record by way of Annexure-P/2. Further, the petitioner’s side has also suffered several injuries including grievous injuries as would be evident from AnnexureP/3 and the injury suffered by one Sachin Kumar on the side of the petitioner has been suffered on the head also which is vital part of the body.

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Learned APP for the State has opposed the application for anticipatory bail.

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Taking into consideration the facts and circumstances and also considering the fact that there is case and counter case on both the sides and the incident took place upon some provocation at the spur of the moment and the injuries on the side of the petitioner are also grievous in nature and also on the vital part of the body, let the above named petitioner, who has no criminal antecedent, in the event of his

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Patna High Court CR. MISC. No.7421 of 2026(2) dt.04-02-2026 3/3

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arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Yadopur P.S. Case No. 149 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.

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(Soni Shrivastava, J)

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devendra/-

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U T

Ramhridya Bhagat v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ramhridya Bhagat 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

Coram

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