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Patna High Court

Dhananjay ThakurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner with specified conditions, subject to payment of Rs 5,000 and the determination that the injury is simple.

Summary

The petitioner, Dhananjay Thakur, sought anticipatory bail fearing arrest in a case (Amarpur PS No.904/2025) alleging offences under sections 126(2), 115(2), 109(1), 352, 351(2) and 3(5) of the Bihar Penal Code. The informant claimed the petitioner struck the informant’s head with a rod/sickle causing injury, but the Referral Hospital opined that the injury was simple. The petitioner offered to pay Rs 5,000 towards the informant’s medical expenses and asserted no prior criminal record. The State opposed the bail, maintaining the allegation of a head‑blow. The Court, considering the simple nature of the injury and the petitioner’s offer, granted anticipatory bail subject to a payment of Rs 5,000, a bail bond of Rs 10,000 with two sureties, and several conditions including regular court appearances and non‑interference with witnesses. The bail order will become void if the injury is later found to be non‑simple.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC.
  • Whether the nature of the alleged injury (simple or otherwise) affects the grant of bail.
  • Whether the petitioner’s offer to pay medical expenses influences the bail decision.
  • Whether the conditions imposed by the Court are appropriate and lawful.

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • assault
  • simple injury
  • bail conditions
  • Bihar Penal Code
  • medical assistance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15310 of 2026
                      Arising Out of PS. Case No.-904 Year-2025 Thana- AMARPUR District- Banka
                 ======================================================
                 Dhananjay Thakur Son of Late Sarobar Thakur Resident of Village -
                 Baidadih, P.S. - Amarpur, Dist. - Banka.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Balram Kapri, Advocate
                 For the Opposite Party/s :      Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   12-03-2026                  Heard Mr. Balram Kapri, learned counsel for the

                   petitioner and the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Amarpur P.S. Case No. 904 of 2025 for the

                   offence under sections 126(2), 115(2), 109(1), 352, 351(2) and

                   3(5) of the BNS lodged on 14.12.2025 by the informant,

                   Nandkishore Mahto.

                                3. As per the prosecution story, the informant alleged

                   that firstly, the accused persons abused and later, this petitioner

                   gave rod/sickle blow on the head causing injury. This led to the

                   FIR.

                                4. Learned counsel for the petitioner submits that

                   though allegation has been made against number of persons,

                   specific allegation has been made that he gave blow on the head.
Patna High Court CR. MISC. No.15310 of 2026(2) dt.12-03-2026
                                            2/4




          However, with the help of paragraph 7, he submits that the

          injury has been opined to be simple in nature by the Referral

          Hospital, Amarpur, Banka and the submission is that if the said

          information is found to be incorrect and if granted relief, the

          same may not take effect.

                       5. The last submission is that without accepting the

          allegation and/or the outcome of the present petition in view of

          the fact that the informant’s side has alleged injuries, the

          petitioner on its own would like to contribute Rs. 5,000 towards

          the medical assistance through Demand Draft issued by the

          local State Bank of India/any Nationalized Bank branch to be

          submitted before the ‘NAZARAT’ of concerned Court to be

          handed over to the informant after checking the credentials.

                       6. Learned APP opposes the prayer submitting that

          allegation against him is of giving blow on the head.

                       7. Taking into account the submissions of the parties

          as also that a categorical submission of the learned counsel for

          the petitioner that the injury has been found to be simple in

          nature and he do not have any criminal antecedent, in that

          background, this Court is inclined to extend him the privilege of

          anticipatory bail with conditions subject to payment of Rs.

          5,000/- as undertaken by the learned counsel for the petitioner to
Patna High Court CR. MISC. No.15310 of 2026(2) dt.12-03-2026
                                            3/4




          be paid by Demand Draft of local State Bank of India

          branch/any Nationalized bank branch to be submitted to the

          Trial Court and handed over to the informant.

                       8. If, however, it is found that the injury is not simple,

          as recorded above, the bail order shall become infructuous.

                       9. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned Chief Judicial Magistrate, Banka in

          connection with Amarpur P.S. Case No. 904 of 2025 subject to

          the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document (Aadhaar Card/Voter ID Card/Pan Card/Driving

          License) to show his/her bona fide;

                       (ii) the petitioner 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 shall appear before the concerned

          police station every month for six months to mark his
          Patna High Court CR. MISC. No.15310 of 2026(2) dt.12-03-2026
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                    attendance and after the end of the period, the certificate shall be

                    submitted before the Trial Court failing which steps shall be

                    taken for the cancellation of the bail bonds;

                                 (iv) the petitioner 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 shall desist from committing any

                    criminal offence again, failing which the State shall be at liberty

                    to take steps for cancellation of his bail bonds.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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