Created by Fuzzy Cloud

Patna High Court

Ramanand ThakurversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court rejected the petition for anticipatory bail.

Summary

The petitioners, Ramanand Thakur, Ram Snehi Thakur and Sobha Devi, sought anticipatory bail fearing arrest in a case registered under several sections of the BNS. They had earlier obtained an order disposing of their anticipatory bail application (Cr. Misc. No.58556 of 2025) on 15‑Nov‑2025, which was based on an earlier order dated 13‑Feb‑2024 in Naushad Ansari v. State. The petitioners failed to inform the investigating police of that order and allegedly refused to take notice under Section 35 BNS. The informant argued that the petitioners must honour the court’s earlier order and should not be shown leniency. After hearing both sides, the court declined to extend anticipatory bail, holding that the petitioners’ non‑compliance and the nature of the offences preclude such relief. Consequently, the prayer for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail can be granted when the petitioners have previously obtained a disposal order and failed to inform the police of the same.
  • Whether refusal to take notice under Section 35 BNS bars the grant of anticipatory bail.
  • Whether the earlier order in Naushad Ansari v. State operates prospectively or retrospectively for the present petition.

Legislation cited

  • BNS — s. 109, 115(2), 117(2), 118(1), 126(2), 3(5), 35, 351(2), 352

Subjects

  • anticipatory bail
  • Section 35 notice
  • non‑bailable offence
  • court order compliance
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17987 of 2026
                   Arising Out of PS. Case No.-49 Year-2025 Thana- MADHWAPUR District- Madhubani
                 ======================================================
           1.     Ramanand Thakur Son of Ramsogarath Thakur @ Ram Swarth Thakur
                  Resident of Village - Pirokhar, Ps- Madhwapur, Dist- Madhubani
           2.    Ram Snehi Thakur Son of Ram Sogarath Thakur @ Ram Swarth Thakur
                 Resident of Village - Pirokhar, PS - Madhwapur, Dist- Madhubani
           3.     Sobha Devi @ Shobna Devi Wife of Ramanand Thakur Resident of Village -
                  Pirokhar, PS - Madhwapur, Dist- Madhubani
                                                                        ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Raja Ram Rai, Advocate
                 For the Opposite Party/s :      Mr. Ram Sevak Choudhary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-04-2026                  1. Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and learned counsel appearing on behalf of

                   the informant.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 115(2),

                   126(2), 118(1), 352, 351(2), 3(5), 109 and 117(2) of the BNS.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and petitioner no.

                   3 is a woman.

                                4. Learned counsel appearing on behalf of the

                   petitioners submits that petitioners had earlier moved before this

                   Court seeking anticipatory bail by filing Cr. Misc. No. 58556 of
Patna High Court CR. MISC. No.17987 of 2026(2) dt.24-04-2026
                                            2/4




          2025 and the same came to be disposed of by an order dated

          15.11.2025 in terms of the order dated 13.02.2024 in Cr. Misc.

          No. 3536 of 2024 (Naushad Ansari Vs. The State of Bihar).

                       5. At this stage, learned counsel appearing on behalf

          of the informant submits that no doubt, Cr. Misc. No. 58556 of

          2025 was disposed of in terms of the order dated 13.02.2024 in

          Cr. Misc. No. 3536 of 2024 but then the petitioners in

          compliance of the order dated 15.11.2025 in Cr. Misc. No.

          58556 of 2025 did not approach the concerned Superintendent

          of Police and the Investigating Officer of the case bringing to

          their notice that such an order has been passed on which learned

          counsel appearing on behalf of the petitioners submits that prior

          to 15.11.2025, charge-sheet against the petitioners was

          submitted based on which cognizance came to be taken under

          Section 109 BNS read with other sections of the BNS but then

          the FIR was instituted under section which carried punishment

          of seven years and less, as such, Cr. Misc. No. 58556 of 2025

          was disposed of in terms of the aforesaid order dated

          15.11.2025. It is further submitted that since charge-sheet was

          submitted and cognizance came to be taken under non-bailable

          section, hence, the petitioners did not approach the concerned

          Superintendent of Police and the Investigating Officer of the
Patna High Court CR. MISC. No.17987 of 2026(2) dt.24-04-2026
                                            3/4




          case on which learned counsel appearing on behalf of the

          informant submits that from perusal of the order impugned, it

          would manifest that petitioners refused to receive notice under

          Section 35 BNSS as recorded at para 35 of the case diary on

          which learned counsel appearing on behalf of the petitioners

          submits that the police mechanically recorded in the case diary

          that petitioners refused to take notice under Section 35 BNSS

          but then on query of the Court whether petitioners brought the

          order dated 15.11.2025 passed in Cr. Misc. No. 58556 of 2025

          to the knowledge of the concerned Superintendent of Police and

          the Investigating Officer of the case or not on which the learned

          counsel appearing on behalf of the petitioners fairly submits that

          no representation in terms of the order dated 15.11.2025 was

          filed. It is next submitted that petitioners prior to order dated

          15.11.2025 had received notice under Section 35 BNSS on

          which learned counsel appearing on behalf of the informant

          submits that if petitioners had received the notice under Section

          35 BNSS prior to order dated 15.11.2025 then why the said fact

          was not brought to the notice of this Court and if petitioners had

          received the notice then why the petitioners did not cooperate in

          the investigation. It is also submitted that order dated

          13.02.2024 passed in Cr. Misc. No. 3536 of 2024 was held per
           Patna High Court CR. MISC. No.17987 of 2026(2) dt.24-04-2026
                                                       4/4




                     incuriam by judgment dated 16.12.2025 in Cr. Misc. No. 65700

                     of 2025 (Mohammad Raja Vs. The State of Bihar & Anr.)

                     passed by the Hon’ble Division Bench of this Court but then the

                     learned counsel appearing on behalf of the informant fairly

                     submits that order passed by the High Court operates

                     prospectively and not retrospectively, as such, the petitioners

                     ought to have honoured the order dated 15.11.2025 in Cr. Misc.

                     No. 58556 of 2025. Learned counsel for the informant, thus,

                     submits that persons who do not honour the orders of the Court

                     should not be dealt leniently.

                                  6. After hearing the learned counsel for the parties,

                     the Court is not inclined to extend the privilege of anticipatory

                     bail to the petitioners in connection with Madhawpur P.S. Case

                     No. 49 of 2025 pending in the Court of learned Sub-Judge-cum-

                     Judicial Magistrate, 1st Class, Benipatti, Madhubani/Successor

                     Court.

                                  7. Hence, the prayer for anticipatory bail is rejected.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.