Patna High Court
AWADHESH THAKURversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail could not be granted to the petitioners.
Summary
The petitioners, Awadhesh Thakur and Arjun Thakur, sought anticipatory bail fearing arrest in a criminal case (Chainpur P.S. Case No.61 of 2026) involving offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The FIR alleges that they assaulted the informant’s son, causing injury, and the case is pending before the CJM Court, Kaimur. The petitioners contend they are innocent, citing a land‑dispute background, a parallel counter‑case (Case No.62 of 2026), injuries on both sides and a clean antecedent. The State opposed bail. The High Court, after hearing counsel, declined to grant anticipatory bail, directing that if the petitioners surrender within four weeks, the trial court must decide their bail application on the merits on the same day. The order thus rejects the anticipatory bail plea while providing a surrender‑cum‑bail procedure.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under the circumstances of the case
- Whether the existence of a counter‑case, land dispute and clean antecedent justify granting anticipatory bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 190, 191(2), 351(2), 352
Subjects
- anticipatory bail
- bail
- criminal law
- Bharatiya Nyaya Sanhita
- Arms Act
- land dispute
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21860 of 2026
Arising Out of PS. Case No.-61 Year-2026 Thana- CHAINPUR District- Kaimur (Bhabua)
======================================================
1. AWADHESH THAKUR Son of Radheyshyam Thakur R/o Village -
Chhotaka Lohara, P.S.- Chainpur, District - Kaimur.
2. Arjun Thakur Son of Radheyshyam Thakur R/o Village - Chhotaka Lohara,
P.S.- Chainpur, District - Kaimur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashutosh Tripathy, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioners and learned
A.P.P for the State.
2. The petitioners are apprehending arrest in
connection with Chainpur P.S. Case No. 61 of 2026 lodged on
01.02.2026, for the offence punishable under Sections 191(2),
190, 126(2), 115(2), 109, 352 & 351(2) of the Bharatiya Nyaya
Sanhita, 2023 and section 27 of the Arms Act, pending in the
Court of C.J.M., Kaimur at Bhabhua.
3. As per the prosecution, FIR has been lodged against
six named accused persons including the present petitioners. It
has been alleged in the FIR that all the accused persons have
assaulted the informant’s son, due to which, injury has been
Patna High Court CR. MISC. No.21860 of 2026(2) dt.08-04-2026
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caused.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence.
Counsel submits that the informant’s side and the petitioners’
side are resident of the same village and land dispute is going on
between the parties. Counsel submits that for the same date and
place of occurrence, there are case and counter case from both
the sides i.e. one case has been lodged from the petitioners’ side
bearing Chainpur P.S. Case No. 62 of 2026 and the present case
has been lodged from the informant’s side bearing Chainpur P.S.
Case No. 61 of 2026. Counsel also submits that both the sides
have received injuries. Counsel further submits that the
petitioners have clean antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioners.
6. In the present facts and circumstances, this Court is
not inclined to grant bail to the petitioners. Accordingly, the
prayer for anticipatory bail of the petitioners stands rejected.
7. However, if petitioners surrender before the
concerned Trial Court within a period of 4 weeks from today
then in that case, the Trial Court is directed to pass order on
their surrender-cum-bail application on the same day, without
Patna High Court CR. MISC. No.21860 of 2026(2) dt.08-04-2026
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being prejudice that the anticipatory bail of the petitioners has
been rejected by this Court. The Trial Court shall pass order on
the merit of this case.
(Dr. Anshuman, J)
Divyansh/-
U T
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