Patna High Court
Chandan Thakur @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused as the offences are serious and the petitioners pose a risk to the investigation.
Summary
Petitioners Chandan Thakur and Ratan Thakur sought anticipatory bail after an FIR (Case No. 100 of 2025) alleged that they inflicted grievous injuries on the brother of an informant, with one cutting the abdomen with a razor and the other stabbing with a knife. The injuries were medically certified as grievous. The petition raised the question of whether anticipatory bail could be granted despite the seriousness of the offences, which include sections 190, 191(2), 191(3), 115(2), 126(2), 118(1), 109, 303, 351(2), and 352 of the Bharatiya Nyaya Sanhita. The Court examined the nature of the offences, the severity of the injuries, and the risk of the petitioners absconding or tampering with evidence. Considering the gravity of the charges and the potential for interference with the investigation, the Court refused the prayer for anticipatory bail. The petition was consequently dismissed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the Bharatiya Nyaya Sanhita given the seriousness of the alleged offences
- Whether the nature of the injuries and the sections invoked justify denial of anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 303, 351(2), 352
Subjects
- anticipatory bail
- grievous hurt
- criminal procedure
- Bharatiya Nyaya Sanhita
- serious offences
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13745 of 2026
Arising Out of PS. Case No.-100 Year-2025 Thana- Baijnathpur District- Saharsa
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1. Chandan Thakur @ Chandan Kumar Son of Surendera Thakur @ Surendra
Thakur Both are Resident of Village - Bancholha Ward no. 03, P.S.-
Baijnathpur, District - Saharsa.
2. Ratan Thakur @ Ratan Kumar Thakur Son of Surendera Thakur @ Surendra
Thakur Both are Resident of Village - Bancholha Ward no. 03, P.S.-
Baijnathpur, District - Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-03-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in Baijnathpur P. S.
Case No. 100 of 2025 registered for the offences punishable
under Sections 190, 191(2), 191(3), 115(2), 126(2), 118(1), 109,
303, 351(2), 352 of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., petitioner no. 1 cut abdomen of the
brother of informant with razor and petitioner no. 2 stabbed him
with knife as a result of which, he sustained multiple injuries.
Doctor has found the injuries to be grievous.
4. Considering the nature of accusation and injuries,
Patna High Court CR. MISC. No.13745 of 2026(2) dt.23-03-2026
2/2
prayer for anticipatory bail of the petitioners is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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