Vidya Nand Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90524 of 2025 Arising Out of PS. Case No.-263 Year-2025 Thana- PIPRA District- East Champaran ====================================================== 1.
Vidya Nand Bhagat S/o- Late Tej Narayan Bhagat R/v- Bisunpura Ps- Pipra Dist- East Champaran 2.
Anshu Kumar S/o- Vidya Nand Bhagat R/v- Bisunpura Ps- Pipra Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Abhishek Kumar, Advocate Mr. Hemant Ray, Advocate For the State :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-02-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 118, 109(1), 303(2), 351(2), 352, 74 and 3(5) of the B.N.S., 2023 and under Section 27 of the Arms Act.
3. As per prosecution case, on 01.06.2025 at about 02:00 PM, while Panchyati was going on, all named accused persons including these petitioners, variously armed, came there and started abusing and assaulting the informant and created a ruckus there. It is further alleged that Petitioner No. 1, namely Vidya Nand Bhagat, along with co-accused Diplal Bhagat and
Patna High Court CR. MISC. No.90524 of 2025(2) dt.10-02-2026 2/3 Dharmendra Bhagat assaulted brother of informant, namely Sunil Kumar by means of lathi and iron rod and Petitioner No. 2, namely Anshu Kumar, along with co-accused Gulshan Kumar and Akshay Kumar grabbed the hair of informant and pushed her on the ground.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, on account of long standing land dispute, free fight took place between the parties in which both sides sustained injuries. There is case and counter case. There is no injury report of brother of informant, namely Sunil Kumar, on record to substantiate the allegations levelled against Petitioner No. 1. So far as Petitioner No. 2 is concerned, there are general and omnibus nature of accusation and no specific accusation of overt act has been alleged against him. It is further submitted that similarly situated co-accused persons have already been granted the privilege of anticipatory bail by this Hon'ble Court vide order dated 15.10.2025 passed in Cr. Misc. No. 72287 of 2025. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the
Patna High Court CR. MISC. No.90524 of 2025(2) dt.10-02-2026 3/3 petitioners.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, case and counter-case between the parties, claim based on parity and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Motihari, East Champaran in connection with Pipra P.S. Case No. 263 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T