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Patna High Court

Panchu ThakurversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Petitioner Panchu Thakur applied for regular bail in a case registered under Sections 126(2), 115(2), 117(2), 118(1), 109(1), 352 and 3(5) of the B.N.S. The prosecution alleged that the petitioner assaulted Santosh Kumar Thakur and Bhagwan Thakur with a daab, causing lacerated wounds on their foreheads. The petitioner contended that he was falsely implicated, that the incident was a mutual free fight, and that he has no prior criminal record. The medical report showed a simple injury to Santosh Kumar Thakur and a grievous injury to Bhagwan Thakur, but the petitioner argued the injuries do not justify denial of bail. After hearing both sides, the court found the circumstances sufficient to grant regular bail. The petitioner was ordered to be released on a bail bond of Rs.10,000 with two sureties of the same amount.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the serious nature of the offences alleged
  • Whether the existence of a ‘free fight’ and lack of criminal antecedent justify bail

Legislation cited

  • B.N.S. — s. 109(1), 115(2), 117(2), 118(1), 126(2), 3(5), 352

Subjects

  • regular bail
  • assault
  • injury report
  • free fight
  • criminal antecedent
  • B.N.S. sections

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26874 of 2026
                        Arising Out of PS. Case No.-139 Year-2025 Thana- ISUAPUR District- Saran
                 ======================================================
                 Panchu Thakur Son of Late Ram Chandra Thakur Resident of Village -
                 Mahuli, Police Station - Isuapur, District - Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ajay Kr Singh No.1, Advocate
                 For the Opposite Party/s :        Mr.Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 117(2), 118(1), 109(1), 352 and 3(5) of B.N.S.

                                3. The case of the prosecution, in short is that the

                   petitioner has assaulted with daab to one Santosh Kumar Thakur

                   and Shri Bhagwan Thakur.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He has

                   been falsely implicated in this case. Learned counsel for the

                   petitioner has submitted that there is also a counter version of

                   this case. There was free fight between the parties. It has further

                   been submitted that from perusal of the injury report at
Patna High Court CR. MISC. No.26874 of 2026(2) dt.23-04-2026
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          Annexure -P/3 which of injured Santosh Kumar Thakur, the

          doctor has found following injury; lacerated wound on right side

          of forehead, size 6 inch x1inch x skin deep and has opined that

          the injury is simple in nature whereas second injury is that of

          Shri Bhagwan Thakur and the doctor has following injury;

          lacerated wound on left side of forehead measuring 5inch x

          1inch x skin deep. It has further been submitted that from

          perusal of injury report of Santosh Kumar Thakur it will appear

          that his injury was bigger than that of Shri Bhagwan Thakur

          whereas opinion regarding Santosh Kumar Thakur is that his

          injury was simple and regarding Shri Bhagwan Thakur, it has

          been opined that the injury is grievous. Learned counsel for the

          petitioner has submitted that in any view of the matter, there was

          free fight between the parties and petitioner is languishing in

          judicial custody since 19.02.2026. He is having no criminal

          antecedent.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with
             Patna High Court CR. MISC. No.26874 of 2026(2) dt.23-04-2026
                                                         3/3




                       Isuapur P.S. Case No. 139 of 2025 on furnishing bail bond of

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

                       each to the satisfaction of learned Chief Judicial Magistrate,

                       Saran.


                                             (Ashok Kumar Pandey, J)

lata/-
U        T


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