Rajendra Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55185 of 2025 Arising Out of PS. Case No.-366 Year-2024 Thana- MIRGANJ District- Gopalganj ====================================================== Rajendra Bhagat S/o Shivratan Bhagat R/o Village- Sabreji, P.S.- Mirganj, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithelesh Kumar Upadhyay, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP For the Informant :

Mr. Devendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-08-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Mirganj P.S. Case no. 366 of 2024 registered under sections 126(2), 115, 118(1), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, it is stated that the grand daughter of the informant reported that one Krishna Bhagat had misbehaved with her. On the informant going to the house of Krishna Bhagat to make inquiry, it is stated that five named accused persons including the petitioner herein, started to assault the informant. The petitioner is said to have assaulted the grandson (nati) of the informant with a knife 6-7 times,

Patna High Court CR. MISC. No.55185 of 2025(2) dt.29-08-2025 2/3 which is confirmed from the contents of the injury report noted in the order of the learned trial Court.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The allegation of misbehaviour is not on this petitioner. So far as the allegation of assault with a knife is concerned, most of the injuries are on a non-vital part of the body. There has been compromise between the parties and the petitioner undertakes to cooperate in the investigation/trial. He has no criminal antecedent.

5. The application for anticipatory bail is opposed by learned A.P.P for the State.

6. Learned counsel for the informant appears and submits that it is true that a compromise has been entered into between the parties.

7. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner of having given 6-7 blows with a knife on the grandson of the informant together with the corresponding four injuries having been found on the body of the injured and which has been noted in the order of the learned trial Court, the Court is not inclined to enlarge the petitioner on anticipatory bail and the same is rejected.

Patna High Court CR. MISC. No.55185 of 2025(2) dt.29-08-2025 3/3

8. The petitioner is directed to surrender in the learned Court below within a period of four weeks.

9. In case the petitioner surrenders within the aforesaid period and prays for regular bail, the learned trial Court will consider the application for bail expeditiously taking into consideration the stand of the informant and also without being prejudiced by this order of rejection.

(Partha Sarthy, J) Sauravkrsinha/ BibhashU T