Patna High Court

Manoj ThakurversusThe State of Bihar

Decided: 22 April 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

Manoj Thakur was named in an FIR alleging participation in an unlawful assembly that obstructed police duties, with charges under several sections of the Bharatiya Nyaya Sanhita. He contended that he was falsely implicated due to local politics and that no specific overt act was alleged against him. The petitioner had no criminal antecedent and similar co‑accused had already been granted anticipatory bail. The State opposed the bail application. Considering the lack of specific allegations, the petitioner’s clean record, and the precedent of bail to co‑accused, the court ordered anticipatory bail subject to a bond and sureties, to be effected within six weeks, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

Whether anticipatory bail should be granted to the petitioner despite the serious charges under the Bharatiya Nyaya Sanhita
Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses
Whether the precedent of anticipatory bail granted to similarly situated co‑accused warrants extending bail to the petitioner

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 132, 191(2), 191(3), 223(a), 352

Subjects

anticipatory bail
unlawful assembly
police obstruction
criminal procedure
Bharatiya Nyaya Sanhita
Section 482
bail conditions
political victimisation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26019 of 2026
                     Arising Out of PS. Case No.-329 Year-2025 Thana- HUSSAINGANJ District- Siwan
                 ======================================================
                 Manoj Thakur S/o Late Bikrama Thakur Resident Of Village Hathauri, P.O.-
                 Chhapiya Buzurg, P.S.- Hussainganj, District- Siwan
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Tiwary, Advocate
                 For the Opposite Party/s :       Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

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

                   learned A.P.P. for the State.

                                     2. The petitioner apprehends his arrest in a case

                   registered under Sections 191(2), 191(3), 126(2), 115(2), 223(a),

                   132 and 352 of the Bharatiya Nyaya Sanhita.

                                   3.     As per the F.I.R., 19 co-accused persons

                   including the petitioner and 200-300 unknown persons

                   misbehaved with police force and obstacled them from

                   discharging their official duty.

                                   4.    Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case due to dirty local politics.

                   Further submission is that there is no specific allegation of any

                   overt act against the petitioner. The name of the petitioner has

                   been shown only a member of unlawful assembly. Petitioner has

                   no concern with the alleged occurrence. Similarly situated

                   several co-accused persons have already been granted
            Patna High Court CR. MISC. No.26019 of 2026(2) dt.22-04-2026
                                                        2/2




                      anticipatory bail by a Co-ordinate Bench of this Court vide order

                      dated 17.02.2026 passed in Cr. Misc. No. 6398 of 2026.

                      Petitioner has got no criminal antecedent and he undertakes to

                      cooperate in the investigation and trial.

                                    5. Learned A.P.P. for the State opposed the prayer for

                      bail.

                                     6. Having considered the facts and circumstances of

                      the case, submissions of learned counsel for the parties, nature

                      of allegation, similarly situated co-accused persons have been

                      granted anticipatory bail and fair criminal antecedent of the

                      petitioner, let the above named petitioner be released on bail, in

                      the event of arrest or surrender before the learned court below

                      within a period of six weeks from today, on furnishing bail bond

                      of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

                      like amount each to the satisfaction of learned Judicial

                      Magistrate-I, Siwan in connection with Hussainganj P.S. Case

                      No. 329 of 2025, subject to the conditions as laid down under

                      Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T

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