CR. MISC./8476/2026 of Kapil Bhagat Vs The State of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8476 of 2026
Arising Out of PS. Case No.-109 Year-2025 Thana- PIPRIYA District- Lakhisarai
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1. Kapil Bhagat S/o Late Bano Bhagat R/o Village - Pathua, P.S - Pipariya,
District - Lakhisarai
2. Pavitra Ram Bhagat @ Pawan Kumar @ Pavitram Kumar S/o Kapil Bhagat
R/o Village - Pathua, P.S - Pipariya, District - Lakhisarai
3. Mina Bhagat @ Mina Devi W/o Kapil Bhagat R/o Village - Pathua, P.S -
Pipariya, District - Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Rabi Bhushan
For the Opposite Party/s : Mr.Shailendra Kumar Singh
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-02-2026 At the outset, learned counsel for the petitioners seeks
permission to withdraw this anticipatory bail petition, so far as
petitioner no. 1 is concerned.
2. The anticipatory bail petition stands dismissed, so
far as petitioner no. 1 is concerned.
3. The petitioners (i.e. petitioner nos. 2 & 3)
apprehend their arrest in a case registered for the offence under
Sections 126(2), 115(2), 109(1), 351(2), 352 & 3(5) of the
Bhartiya Nyaya Sanhita.
4. As per F.I.R., on 09.12.2025 at 6 AM, all the named
accused persons, including petitioners, armed with lathi, danda,
Patna High Court CR. MISC. No.8476 of 2026(2) dt.23-02-2026
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iron rod and pistol, abused and assaulted informant and also
caused injury on the head of informant with intention to kill
him, but anyhow informant could saved his life.
5. Learned counsel for the petitioners submits that
petitioners are quite innocent and have committed no offence.
Petitioner no. 2 is nephew & petitioner no. 3 is Bhabhi of the
informant and there is partition dispute between the parties. As a
matter of fact, on the alleged date of occurrence, due to
encroachment of the land by informant and her family members,
some altercation took place between the parties. Injuries are
simple in nature.
6. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
7. In the facts and circumstances of the case, let the
above named petitioner nos. 2 & 3, in the event of
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Lakhisarai in
connection with Pipariya P.S. Case No. 109 of 2025, subject to
condition, as laid down under Section 482 of the B.N.S.S.,
2023.
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8. This application is, accordingly, disposed of.
anay
(Prabhat Kumar Singh, J)
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