Ram Sogarath Bhagat @ Ram Swarth Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11649 of 2026 Arising Out of PS. Case No.-411 Year-2025 Thana- MADHUBAN District- East Champaran ====================================================== 1.
Ram Sogarath Bhagat @ Ram Swarth Prasad Son of Ramswarup Bhagat R/o Village - Dhobauliya, P.S. - Madhuban, Distt. - East Champaran. 2.
Ramadhar Bhagat @ Ramadhar Prasad Son of Rajinandan Bhagat R/o Village - Dhobauliya, P.S. - Madhuban, Dist. - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Usha Kumari, Advocate For the Opposite Party/s :
Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-04-2026 Heard Ms.Usha Kumari, learned counsel appearing on behalf of the petitioners and Mr.Navin Kumar Pandey, learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in connection with Madhuban P.S. Case No. 411 of 2025, for the offences under section 191(2), 126(2), 127(2), 115(2), 109, 76, 303(2), 329(3), 324(4), 352, 351(2), 351(3) B.N.S.
3. As per the allegation made in the FIR, the informant was allegedly assaulted by the petitioners and other co-villagers, who came armed with weapons, abused her, caused head injuries, outraged the modesty of a female member, snatched her gold chain, damaged the house, and confined and
Patna High Court CR. MISC. No.11649 of 2026(3) dt.27-04-2026 2/3 threatened the family members with dire consequences.
4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and have been falsely implicated in the present case. No grievous injury has been sustained by any of the alleged victims and even as per the case diary, the injuries are simple in nature. No weapon has been recovered and the petitioners were not apprehended from the place of occurrence. The case is stated to be arising out of admitted land dispute between the parties, indicating false implication due to personal enmity. The petitioners have clean antecedents. On these grounds, the petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR and materials on record, the allegations against the petitioners are general and omnibus in nature and no independent witness has supported the prosecution case. The injuries are simple in nature and no incriminating article or weapon has been recovered from the possession of the petitioners, while the case appears to have arisen out of an
Patna High Court CR. MISC. No.11649 of 2026(3) dt.27-04-2026 3/3 admitted land dispute between the parties. I am of the opinion that the petitioners have, prima facie, made out a case to be released on pre-arrest bail.
7. The learned District Court is directed to release the petitioners on anticipatory bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned District Court where the case is pending in connection with Madhuban P.S. Case No. 411 of 2025, subject to the condition as laid down under Section 482(2) of the B.N.S.S.
8. The learned District Court is directed to verify the criminal antecedent of the petitioners, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T