Patna High Court
Yadolal ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners, subject to bond and surety conditions, under Section 482(2) of the Bihar Narcotic Substances Act.
Summary
The petitioners, Yadolal Thakur and his sons Rajesh and Mukesh, feared arrest in a case registered under several sections of the Bihar Narcotic Substances Act, 2023. They argued they have clean antecedents, had previously cooperated with police under Section 41A of the Cr.P.C., and a similar anticipatory bail was granted to Bhagya Narayan Thakur in Cr. Misc. No.18836 of 2026. The State opposed the bail. The court considered the earlier bail order, the petitioners' conduct, and the nature of the charges, and held that anticipatory bail could be granted subject to conditions. Accordingly, the court ordered that if arrested or surrendered within six weeks, the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bihar Narcotic Substances Act. The order was pronounced by Justice Satyavrat Verma.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 41A of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act, 2023 despite the pending charge sheet.
- Whether the prior grant of anticipatory bail in a similar case (Bhagya Narayan Thakur) is determinative for the present petition.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 115(2), 126(2), 303(2), 3(5), 351(1), 352, 482(2), 76
- Criminal Procedure Code — s. 41A
Subjects
- anticipatory bail
- Section 41A
- Section 482
- bail conditions
- narcotic offences
- Bihar Narcotic Substances Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24975 of 2026
Arising Out of PS. Case No.-87 Year-2024 Thana- SHIKARGANJ District- East Champaran
======================================================
1. Yadolal Thakur S/o Late Jangveer Thakur @ Jambir Thakur R/o Village -
Kapur Pakari, P.S - Shikarganj, Motihari, District - East Champaran
2. Rajesh Thakur @ Rajesh Sharma S/o Yadolal Thakur @ Yodalal Thakur R/o
Village - Kapur Pakari, P.S - Shikarganj, Motihari, District - East Champaran
3. Mukesh Thakur @ Mukesh Kumar Sharma S/o Yadolal Thakur @ Yodalal
Thakur R/o Village - Kapur Pakari, P.S - Shikarganj, Motihari, District - East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha
For the Opposite Party/s : Mr. Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-06-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their 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 petitioners submits that
petitioners are persons with clean antecedent. It is next
submitted that Bhagya Narayan Thakur @ Bhagyanarayan
Thakur had approached this court seeking anticipatory bail by
filing Cr. Misc. No.18836 of 2026 and the same came to
allowed by an order dated 02.04.2026. It is further submitted
that petitioners were also given the benefit of Section 41(A) of
the Cr.P.C. and the petitioners during the course of investigation
Patna High Court CR. MISC. No.24975 of 2026(2) dt.19-06-2026
2/2
cooperated with the police and never misused the privilege but
then the police submitted charge sheet, based on which,
cognizance came to be taken, hence petitioners apprehend
arrest. It is further submitted that case of the petitioners if not
akin is similar to the case of Bhagya Narayan Thakur @
Bhagyanarayan Thakur.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel appearing on behalf of the petitioners and taking into
consideration the order dated 02.04.2026 in Cr. Misc. No.18836
of 2026, let the petitioners, above-named, in the event of their
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) each 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 482(2) of the B.N.S.S.
(Satyavrat Verma, J)
amit/-
U
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