Patna High Court
Dhananjay ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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.
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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
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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
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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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