Patna High Court
Ashok ThakurversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
The Court granted anticipatory bail to the petitioners, subject to bond and surety conditions, finding insufficient material to justify their detention.
Summary
The petitioners – Ashok Thakur, his wife Beby Bharti and their son Sanmun Kumar – were named as accused in a kidnapping case (Gamhariya P.S. Case No.150 of 2025) under Section 96 of the Bharatiya Nyaya Sanhita, 2023, on the basis that they are the parents and brother of the alleged kidnapper Ketan Kumar, a minor. They filed a petition for anticipatory bail, contending that they had no role in the alleged conspiracy, that the FIR was lodged five days after the incident without justification, and that they have no prior criminal record. The State opposed the bail on the ground that the petitioners could be complicit in the kidnapping. The Court examined the lack of material linking the petitioners to the offence, the delay in filing the FIR, and the principle of liberty under Section 482(2) of the B.N.S.S. and decided to grant anticipatory bail. The bail was conditioned on furnishing a bond of Rs.10,000 with two sureties each and on surrendering within six weeks, subject to further conditions imposed by the learned CJM, Madhepura.
Issues considered
- Whether anticipatory bail should be granted to persons accused solely on the basis of familial relationship with the alleged principal offender
- Whether the delay in filing the FIR and lack of material evidence against the petitioners justify granting bail
- Whether Section 482(2) of the Bharatiya Nyaya Sanhita empowers the court to release the petitioners on anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 482(2), 96
Subjects
- anticipatory bail
- kidnapping
- minor
- conspiracy
- delay in FIR
- Section 96
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14183 of 2026
Arising Out of PS. Case No.-150 Year-2025 Thana- GAMAHARIYA District- Madhepura
======================================================
1. Ashok Thakur S/o Late Rajeshwar Thakur R/o Village - Jiwachhpur ward
no. 2, P.S.- Gamhariya, District - Madhepura
2. Beby Bharti W/o Ashok Thakur R/o Village - Jiwachhpur ward no. 2, P.S.-
Gamhariya, District - Madhepura
3. Sanmun Kumar @ Sanmun Raj S/o Ashok Thakur R/o Village - Jiwachhpur
ward no. 2, P.S.- Gamhariya, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh, Adv.
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 06-05-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection with
Gamhariya P.S. Case No. 150 of 2025 dated 14.07.2025,
registered for the offence punishable under Section 96 of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that the informant
has alleged that on dated 09.07.2025 at about 09:00 pm, her
minor daughter went towards her school at Ghailarh. When she
reached near Jeewachpur, from where Ketan Kumar alongwith
two unknown persons kidnapped the minor daughter of the
Patna High Court CR. MISC. No.14183 of 2026(3) dt.06-05-2026
2/3
informant under criminal conspiracy. When the informant went
to Ketan's house to enquire about the incident then his father,
mother and brother started abusing and assaulting him.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
this case. It is submitted that petitioner nos. 1 and 2 are the
parents of the main accused, namely, Ketan Kumar and
petitioner no. 3 is the brother of co-accused Ketan Kumar. The
main allegation is against Ketan Kumar, who kidnapped the
minor girl of the informant aged about 14 years. It is further
submitted that Ketan Kumar is also minor, aged about 16 years.
The petitioners have no role in kidnapping the victim. Only
being the parents and brothers of the said Ketan Kumar, the
petitioners have been made accused in this case. It is submitted
that there is no material against the petitioners of assisting the
main accused, namely, Ketan Kumar. Further, it is submitted
that occurrence took place on 09.07.2025, but the F.I.R. was
registered on 14.07.2025 i.e., after five days of the occurrence
without any plausible explanation for the delay. Lastly, it has
been submitted that the petitioners have no criminal
antecedents.
5. Learned A.P.P. has opposed the prayer for bail of
Patna High Court CR. MISC. No.14183 of 2026(3) dt.06-05-2026
3/3
the petitioners.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest / surrender of the petitioners within a period
of six weeks from today, in connection with Gamhariya P.S.
Case No. 150 of 2025, they shall be released on anticipatory bail
upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
the learned C.J.M., Madhepura, subject to condition as laid
down under Section 482(2) of B.N.S.S..
(Khatim Reza, J)
prabhat/-
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