Patna High Court
Jitendra ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- B.N.S., 2023 — s. 110, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 74
- B.N.S.S. — s. 482(2)
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
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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
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(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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