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Patna High Court

Anish Thakur @ Anish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Anish Thakur, sought regular bail in a case registered under Sections 341, 323, 324, 307, 147, 148, 504 and 506 of the Indian Penal Code. The prosecution alleged that the petitioner assaulted the informant with a sharp cutting weapon, causing a lacerated wound on the scalp. The petitioner’s counsel argued that the medical report indicated the injury was caused by a hard, blunt object, creating a discrepancy with the charge, and highlighted the petitioner’s clean record and custody since 29‑01‑2026. The State opposed the bail application. After hearing both sides, the Court found merit in the inconsistency and the lack of prior criminal history, and ordered the petitioner to be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious offences alleged under the IPC.
  • Whether the inconsistency between the alleged weapon and the medical injury report warrants bail.

Legislation cited

Subjects

  • regular bail
  • Indian Penal Code
  • assault
  • grievous hurt
  • weapon inconsistency
  • medical report
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27421 of 2026
                    Arising Out of PS. Case No.-107 Year-2020 Thana- DULHIN BAZAR District- Patna
                 ======================================================
                 Anish Thakur @ Anish Kumar, S/o- Late Batohi Thakur, R/v- W.No-3,
                 Rupauli Tola, Dhanuki Bhaluaha Bishanpur, PS- Dumra, Dist- Sitamarhi

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Deepak Kumar, Advocate
                 For the Opposite Party/s :      Mr.Rajendra Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   04-05-2026                  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 341, 323, 324,

                   307, 147, 148, 504 and 506 of the I.P.C.

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

                   petitioner has assaulted with sharp cutting weapon on the head of

                   the informant.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. Learned

                   counsel for the petitioner has submitted that from perusal of the

                   injury report, it will transpire that though the informant has

                   received a lacerated wound on the scalp of mid brain of size 3” x

                   01” x 01” which is opined to be grievous but the doctor has also
             Patna High Court CR. MISC. No.27421 of 2026(2) dt.04-05-2026
                                                         2/2




                       opined that the injury was caused by hard and blunt object. It has

                       further been submitted that from perusal of the F.I.R. it is clear that

                       the allegation against the petitioner is that he has assaulted with

                       sharp cutting weapon and the injury which has been received by

                       the informant is of hard and blunt object. The injury does not

                       correlate with the allegation. It has further been submitted that

                       petitioner is having no criminal antecedent and he is languishing in

                       judicial custody since 29.01.2026.

                                    5. Learned APP appearing for the State has vehemently

                       opposed the application for 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 enlarged on bail on furnishing bail bond

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

                       like amount each to the satisfaction of the learned J.M. 1 st Class,

                       Danapur in connection with Dulhin Bazar P.S. Case No. 107 of

                       2020.


                                                     (Ashok Kumar Pandey, J)

lata/-
U        T


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