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Patna High Court

Jitendra ThakurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioners subject to monetary sureties and specific conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioners, Jitendra Thakur, Shyamsundar Thakur and Golu Kumar, sought anticipatory bail fearing arrest in a criminal case (Barbigha P.S. Case No. 202 of 2025) alleging offences under several sections of the B.N.S., 2023. The prosecution alleged that the petitioners entered an informant's house, abused her and caused injuries. The petitioners contended that the case was a retaliatory filing linked to an earlier case they had lodged, that no assault or looting occurred, that the injuries were minor, and that there was an unexplained 13‑day delay in lodging the FIR. The court noted the delay and the nature of the injuries, and, applying Section 482(2) of the B.N.S.S., granted anticipatory bail subject to monetary sureties and strict conditions regarding court appearances, non‑tampering with witnesses, and refraining from further offences. The bail order required the petitioners to surrender within four weeks if arrested and to comply with the stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted in view of the delay in filing the FIR and the nature of the alleged injuries.
  • Whether the petitioners' claim of a counter‑blasting FIR affects the merit of the bail application.
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • FIR delay
  • simple injuries
  • counter‑blasting case
  • Section 482
  • bail conditions
  • Bihar criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.25267 of 2026
                    Arising Out of PS. Case No.-202 Year-2025 Thana- BARBIGHA District- Sheikhpura
                 ======================================================
           1.     Jitendra Thakur S/O Late Bindeshwari Thakur R/O Village- Dariyachak, P.S.
                  -Barbigha, District -Sheikhpura.
           2.    Shyamsundar Thakur @ Shyam Sundar Thakur S/O Late Bindeshwari
                 Thakur R/O Village- Dariyachak, P.S. -Barbigha, District -Sheikhpura.
           3.    Golu Kumar @ Avinash Kumar S/O Shyamsundar Thakur @ Shyam Sundar
                 Thakur R/O Village- Dariyachak, P.S. -Barbigha, District -Sheikhpura.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Roop Kishan
                 For the Opposite Party/s :       Mr.Shailendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   22-04-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Barbigha P.S. Case No. 202 of 2025 registered

                   for the offence punishable under Sections-126(2), 115(2), 110,

                   74, 303(2), 352, 351(2), 3(5) of the B.N.S., 2023.

                                3. As per prosecution case, the accused petitioners are

                   said to have entered the house of the informant and after

                   abusing her, they started him, as a result of which, she sustained

                   injuries.

                                4. Learned counsel for the petitioners has submitted
Patna High Court CR. MISC. No.25267 of 2026(2) dt.22-04-2026
                                            2/3




          that the instant case is counter blast of Barbigha P.S. Case No.

          162 of 2025 which was lodged by the petitioner No. 1 against

          the informant and her family members. It is next submitted that

          the petitioners neither assaulted the informant nor committed

          loot in her house. From perusal of the FIR, it appears that due

          to previous petty feud, the present case has been lodged against

          the petitioners. The injuries which are said to have been

          received were found to be simple in nature. There is

          unexplained delay of 13 days in lodging the FIR.

                       5. Learned APP for the State opposes the prayer for

          grant of anticipatory bail of the petitioners.

                       6. Considering the fact that there is unexplained delay

          of 13 days in lodging the FIR and the injuries are simple in

          nature, let the petitioners above named in the event of their

          arrest or surrender before the court below within a period of four

          weeks be released on anticipatory bail on furnishing bail bonds

          of Rs. 10,000/- (ten thousand) with two sureties of the like

          amount each to the satisfaction of                   learned Sub Divisional

          Judicial Magistrate, Sheikhpura in connection with Barbigha

          P.S. Case No. 202 of 2025 , subject to the condition as laid

          down under Section 482(2) of the B.N.S.S. as well as the

          following conditions:
            Patna High Court CR. MISC. No.25267 of 2026(2) dt.22-04-2026
                                                        3/3




                                   (i)   One      of     the    bailors    should   be   family

                      member/relative/known of the petitioners who shall provide

                      official document/personal affidavit to show his/hr bona fide;

                                   (ii) The petitioners shall appear before the trial court

                      on each and every date fixed in the case and if, his failure to do

                      so on two consecutive dates without plausible reason, will entail

                      cancellation of their bail bonds by the Trial Court itself;

                                   (iii) The petitioners shall in no way try to induce or

                      promise or threat the witnesses or tamper with the evidences,

                      failing which, the State shall be at liberty to take steps for

                      cancellation of the bail bonds;

                                   (iv) The petitioners shall desist from committing any

                      criminal offence again, failing which, the State shall be at

                      liberty to take steps for cancellation of the bail bonds.



                                                    (Ajit Kumar, J)
A.K.V.//-

U      T


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