CR. MISC./34433/2026 of Nageshwar Bhagat @ Nakeshar Bhagat Vs The State of Bihar on 17 August 2026

ORAL ORDER

17-08-2026 At the outset, learned counsel for the petitioner prays for withdrawal of the anticipatory bail application of the petitioner no. 1, Nageshwar Bhagat.

2. The same is allowed.

3. The anticipatory bail application of petitioner no. 1, Nageshwar Bhagat stands rejected.

4. Heard Ms. Ayushi Gupta, learned Counsel for the petitioner and learned APP for the State.

5. The petitioner apprehends his arrest in connection with Raghopur P.S. Case No. 340 of 2025 for the offence registered under sections 191(2), 191(3), 115(2), 117(2), 117(4), 303(2), 352, 351(3) of BNSS lodged on 22.12.2025 by the informant, Vinod Mahto.

6. As per the prosecution story, the informant alleged that on 01.12.2025, D.J. was being played at a very loud volume. Upon objecting to the vulgar songs that were aired by the concerned persons, an objection was made. Infuriated, the accused came armed variously and later, Balveer Bhagat gave pistol butt blow while Nageshwar Bhagat gave rod blow causing fracture on his right shoulder besides injury on the head. Nageshwar Bhagat also took Rs. 18,000/- from the shop and allegation against Balveer Bhagat is that he put the shop on fire causing loss of food grains due to fire. While fire brigade came and extinguished the fire, he was shifted to Fatehpur Government Hospital and later, to PMCH. After number of days, he gained consciousness at the concerned hospital in Patna. This followed the FIR.

7. Learned Counsel for the petitioner no. 2, Balbir Bhagat submits that there is case and counter case. However, she concedes that both the cases have been lodged after 21 days and this delay has allowed the informant to implicate each and every family members.

8. The submission is that main role has been assigned to Nageshwar Bhagat whose anticipatory bail application already stands withdrawn.

9. So far as Balbir Bhagat is concerned, the allegation is of using pistol butt blow on the head as also destroying the food grains by putting it on fire.

10. Further, the submission is that without accepting the allegation and/or the outcome of the present petition in view of the fact that the informant side has alleged injuries and as an humanitarian approach, the petitioner no. 2, Balbir Bhagat on its own would like to contribute towards the medical assistance of Rs. 25,000/- through Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank to be submitted before the ‘NAZARAT’ of concerned Court to be handed over to the informant after checking the credentials.

11. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that though main role has been assigned to Nageshwar Bhagat, the role of this petitioner cannot be ignored.

12. Considering the submissions of the parties as also that main role of assault which caused unconsciousness to the informant has been assigned to Nageshwar Bhagat whose anticipatory bail application stands dismissed as withdrawn, though role is there against this petitioner, he has no criminal antecedent and he has taken an humanitarian approach, an undertaking has also been given that he shall be co-operating in the investigation and diligently appearing in trial, in that background, this Court is inclined to grant the petitioner no. 2, Balbir Bhagat the anticipatory bail with conditions subject to payment of Rs. 25,000/- to the informant as undertaken by the learned counsel for the petitioner no. 2, Balbir Bhagat to be paid by Demand Draft of local branch of the State Bank of India/any Nationalized Bank to be submitted to the Trial Court.

13. Let the petitioner no. 2, Balbir Bhagat in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Raghopur P.S. Case No. 340 of 2025 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family members/relatives of the petitioner no. 2, Balbir Bhagat, who shall provide official document (Aadhar Card, PAN Card, Driving License, Voter ID) to show his bona fide;

(ii) the petitioner no. 2, Balbir Bhagat shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner no. 2, Balbir Bhagat shall appear before the concerned police station every month for next six months to mark attendance and at the end of the period, the certificate be submitted to the Court;

(iv) the petitioner no. 2, Balbir Bhagat shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner no. 2, Balbir Bhagat shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

Vijay Singh/- (Rajiv Roy, J) U T