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Patna High Court

Bhagya Narayan Thakur @ Bhagnarayan ThakurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to bond, sureties and statutory conditions.

Summary

Petitioner Bhagya Narayan Thakur sought anticipatory bail fearing arrest in a case registered under several sections of the Bihar Narcotic Substances Act, 2023. The informant alleged that the petitioner and others assaulted her, attempted to outrage her modesty, and stole jewellery. The petitioner contended he was falsely implicated, cooperated with police, and that the police never deemed arrest necessary, issuing only a Section 41A notice before filing a charge‑sheet mechanically. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail subject to a cash bond, two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted when the investigating police did not consider arrest necessary and the petitioner claims false implication.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • cognizance
  • Cr.P.C. Section 41A
  • Cr.P.C. Section 438
  • Bihar Narcotic Substances Act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18836 of 2026
                 Arising Out of PS. Case No.-87 Year-2024 Thana- SHIKARGANJ District- East Champaran
                 ======================================================
                 Bhagya Narayan Thakur @ Bhagnarayan Thakur S/o- Ramayodhaya Thakur
                 R/o Village- Patahi PS - Shikarganj, Dist- East Champaran
                                                                              ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Kumar Sinha, Advocate
                                                 Ms. Anjali Kumari, Advocate
                                                 Ms. Supriya Singh, Advocate
                 For the Opposite Party/s :      Mr. Bhanu Pratap Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-04-2026                   1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 352, 351(1), 76, 303(2) and 3(5) of the BNS, 2023.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that her husband gave Rs.1 lakh to Ashok about 14 years

                   back but then he refused to return the amount, hence, a scuffle

                   ensued on 11.11.2024 but the matter was pacified. Further, at

                   07:00 p.m., the petitioner along with named accused persons

                   came and Mukesh and Sanjay pulled the informant outside the

                   house and petitioner along with Rajesh tried to outrage her

                   modesty. On alarm, the son of the informant, namely, Rahul
Patna High Court CR. MISC. No.18836 of 2026(2) dt.02-04-2026
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          came when Sanjay snatched his gold chain and Mukesh

          snatched her Mangalsutra.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is further submitted that during the course of

          investigation, notice under Section 41A Cr.P.C. was given to the

          petitioner and the petitioner coopearted in the investigation and

          the police never felt the need of arresting the petitioner but then

          in a mechanical manner charge-sheet came to be submitted

          based on which cognizance has been taken, hence, petitioner

          apprehends his arrest. It is next submitted that when the police,

          during the course of investigation, never felt the need of

          arresting the petitioner, whether it would be prudent for the

          Court to send the petitioner to jail based on an order of

          cognizance.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioner, let the petitioner,

          above-named, in the event of his arrest or surrender within a

          period of six weeks from today, be released on anticipatory bail

          on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)
           Patna High Court CR. MISC. No.18836 of 2026(2) dt.02-04-2026
                                                       3/3




                     with two sureties of the like amount each to the satisfaction of

                     the learned Trial Court where the case is pending/Successor

                     Court in connection with Shikarganj P.S. Case No. 87 of 2024,

                     subject to the conditions as laid down under Section 438(2) of

                     the Cr.P.C./482(2) of the B.N.S.S.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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