Patna High Court
Diwakar Thakur @ Diwakar Kumar ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Diwakar Thakur, sought anticipatory bail fearing arrest in a case registered under Section 25(9) of the Arms Act and Sections 308(4), 308(5), 140(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The FIR alleged only that he had called the victim, with no overt act of wrongdoing. The petitioner claimed innocence and alleged that the victim and informant were colluding against him. The State opposed the bail application. The Court, after considering the lack of substantive allegations and the possibility of misuse of the process, granted anticipatory bail subject to conditions under Section 482(2) of the BNSS, requiring bail bonds and sureties.
Issues considered
- Whether anticipatory bail should be granted in the absence of any overt act alleged in the FIR
- Whether the petitioner is likely to commit the alleged offences or tamper with evidence
- Whether the allegations against the petitioner constitute sufficient ground for arrest
Legislation cited
- Arms Act — s. 25(9)
- Bharatiya Nyaya Sanhita, 2023 — s. 140(2), 308(4), 308(5), 3(5), 482(2)
Subjects
- anticipatory bail
- Arms Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail conditions
- FIR
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25929 of 2025
Arising Out of PS. Case No.-21 Year-2025 Thana- MUFFASIL District- West Champaran
======================================================
Diwakar Thakur @ Diwakar Kumar Thakur S/o- Late Gaurishankar Thakur
Village- Belwa Auraiya PS- Banuchhapar Dist- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari
For the Opposite Party/s : Mr. Shyameshwar Dayal
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 17-02-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Bettiah Muffasil P.S. Case No. 21 of 2025 registered for
offences under Sections 25(9) of the Arms Act and Sections
308(4), 308(5), 140(2) and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. From the FIR, there is no allegation of any overt act
against the petitioner. He is only said to have called the victim.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that now the victim and informant have
joined hands and they are together.
5. Learned APP for the State has vehemently opposed
Patna High Court CR. MISC. No.25929 of 2025(5) dt.17-02-2026
2/2
the prayer for bail.
6. Considering the facts and circumstances of the
case, this application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, West Champaran at Bettiah/concerned Court below
in connection with Bettiah Muffasil P.S. Case No. 21 of 2025
subject to the conditions as laid down under Section 482(2) of
the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…