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Patna High Court

Sakaldev ThakurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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