Patna High Court
Sakaldev ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioners under Section 438(2) of the CrPC.
Summary
The petitioners, Sakaldev Thakur and Vipin Kumar Thakur, were named in an FIR for alleged offences under Sections 147, 427, 506 and 120(B) of the Indian Penal Code, accused of obstructing government work and pelting stones at police personnel. They claimed innocence, arguing that no specific overt act was attributed to them and that they were falsely implicated, also highlighting their clean antecedents. The State opposed their bail application. The Court considered the lack of specific evidence against the petitioners and the possibility of arrest within eight weeks, and applied the provisions of Section 438(2) of the Code of Criminal Procedure. Consequently, the Court ordered bail for each petitioner upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2). The bail order was conditioned on surrender within the stipulated period.
Issues considered
- Whether the petitioners are entitled to bail under Section 438(2) of the CrPC despite the FIR alleging offences under IPC sections 147, 427, 506 and 120(B).
- Whether the lack of specific overt acts against the petitioners justifies granting bail.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 120(B), 147, 427, 506
Subjects
- bail
- Criminal Procedure Code
- Indian Penal Code
- public order offences
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1940 of 2026
Arising Out of PS. Case No.-42 Year-2022 Thana- RUPAULI District- Purnia
======================================================
1 . Sakaldev Thakur S/o Late Suresh Thakur Resident of Village - Aajhokapa @
Aajhokopa, P.S - Rupauli, District - Purnea
2. Vipin Kumar Thakur @ Vipin Thakur S/o Late Suresh Thakur Resident of
Village - Aajhokapa @ Aajhokopa, P.S - Rupauli, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Kumar Bhagat , Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend arrest in a case registered for
the offence punishable under Sections 147, 427, 506, 120(B)
and other allied sections of Indian Penal Code.
3 . As per FIR, 9 named accused persons including
these petitioners and 10-20 unknown persons obstructed the
Government’s work and pelted stones as a result, some of the
Police personnel sustained injury.
4. Learned counsel appearing for the petitioners
submits that petitioners are innocent and have falsely been
implicated in this case . Allegation is general and omnibus
Patna High Court CR. MISC. No.1940 of 2026(2) dt.11-02-2026
2/2
against these petitioners. No specific overt act is alleged against
them. Police after investigation submitted final form against
these petitioners and differing with the same learned Court
below has taken cognizance . Petitioners claim clean antecedent.
5 . Learned counsel for the State opposed the bail.
6. Considering the aforesaid facts and circumstances,
in the event of arrest or surrender within eight weeks from
today, let the petitioner, as named above, be enlarged on bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of Chief
Judicial Magistrate , Purnea in Rupauli P. S. Case No. 42 of
2022 , subject to condition as laid down under Section 438(2) of
the Code of Criminal Procedure .
(Prabhat Kumar Singh, J)
Koushik/-
U T
Checking your session…