CR. MISC./7576/2026 of Sudhir Bhagat @ Sudheer Bhagat Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7576 of 2026 Arising Out of PS. Case No.-92 Year-2014 Thana- KATHAIYA District- Muzaffarpur ====================================================== Sudhir Bhagat @ Sudheer Bhagat, aged about 45 years, Male, Son of Ramdeo Bhagat @ Ram Dev Bhagat, Resident of Mahabbatpur, P.S.- Deoria, District- Muzaffarpur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s: Mr. Sanjay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 3 01-04-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Kathaiya P.S. Case No. 92 of 2014 instituted for the offences punishable under Sections 121, 121(A), 120B, 441 of the Indian Penal Code, Sections 10, 11, 17, 18, 11(A), 118(B), 19 and 20 of the UAP Act, Section 17 of the CLA Act as well as Sections 25(1-B)(a), 26 and 35 of the Arms Act. 3. As per allegation in the FIR, some criminals associated with naxalite organization were assembled near Sirsia Nahar, where the informant reached at the place of occurrence with the police party, 10-12 suspicious persons on 7-8 motorcycles were found discussing something and on seeing the police party, they tried to flee away from the place of occurrence, out of which, three persons were apprehended by Patna High Court CR. MISC. No.7576 of 2026(3) dt.01-04-2026 2/3 the police and they disclosed the name of the petitioner. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He further submits that the allegation against the petitioner is totally false and concocted and nothing has been recovered from the conscious possession of the petitioner. He next submits that the petitioner was not arrested at the spot and his name has been surfaced in this case only on the basis of confessional statement of arrested co- accused persons. He lastly submits that similarly situated co- accused persons have been granted regular bail by a Co-ordinate Benches of this Court. Petitioner has got twelve criminal antecedents of the same nature as stated in para 3 of the petition is in custody since 19.06.2024. 5. Learned APP for the State opposes the prayer for regular bail of the petitioner. 6. From perusal of the FIR, case diary and impugned order of the learned Principal District and Sessions Judge, Muzaffarpur dated 17.10.2025, it appears that only on the basis of written report of the informant, FIR has been registered under Sections 121, 121(A), 120B, 441 of the Indian Penal Code and Sections 10, 11, 17, 18, 11(A), 118(B), 19 and 20 of the UAP Patna High Court CR. MISC. No.7576 of 2026(3) dt.01-04-2026 3/3 Act and Section 17 of the CLA Act as well as Sections 25(1-B) (a), 26 and 35 of the Arms Act against the co-accused persons including the present petitioner and the allegation is of indulging in naxalite organization. Similarly situated co-accused persons namely Sujit Kumar, Nand Lal Kumar Bhagat and Kamlesh Kumar @ Kamlesh Kumar @ Kamlesh Bhagat have been granted regular bail by a Bench of this Court in Cr. Misc. Nos. 5349 of 2015, 6712 of 2015 and 23653 of 2015 vide orders dated 23.06.2015, 27.02.2015 and 09.07.2015, respectively, so considering all these aspects of the case and submissions of learned counsel for the petitioner, I am inclined to grant regular bail to the petitioner. 7. Accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Principal District and Sessions Judge, Muzaffarpur in connection with UAP Case No. 06 of 2024 arising out of Kathaiya P.S. Case No. 92 of 2014. Anand Kr. (Ramesh Chand Malviya, J) U T