Kanhaiya Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29405 of 2026 Arising Out of PS. Case No.-249 Year-2025 Thana- CHARPOKHARI District- Bhojpur ====================================================== Kanhaiya Bhagat Son of Late Ram Chala Bhagat Resident of village - Kumhaila, Police Station - Charpokhri, District - Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar, Advocate.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-05-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Charpokhari P.S. Case No. 249 of 2025 registered for the offence punishable under Sections 191(2), 190, 126(2), 115, 109, 74, 352 and 351(2) of the BNS.

3. As per the allegation made in the F.I.R., the petitioner along with other co-accused with an intention to kill assaulted the informant and his family members causing injuries to them.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has falsely been implicated in the case. The petitioner in his self defence might have caused some injury to the informant's side without intention. There is delay of five days in lodging of the

Patna High Court CR. MISC. No.29405 of 2026(2) dt.06-05-2026 2/2 F.I.R. The petitioner has clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having heard the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the F.I.R. and the fact that at best the petitioner can be said to be order giver and no overt act has been alleged against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below 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 CJM, Bhojpur in connection with Charpokhari P.S. Case No. 249 of 2025, subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2) BNSS.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T