Patna High Court
Raman Thakur @ Raman Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, subject to bond and surety conditions, finding the allegations vague and the injury minor.
Summary
The petitioner, Raman Thakur, was implicated in a case (Chapra Muffasil P.S. Case No. 164 of 2025) alleging assault on an informant, theft of Rs.35,000 and several offences under the B.N.S. He contended that he merely instigated the co‑accused and did not partake in any overt act, asserting his innocence and clean record. The prosecution’s narrative described the assault with a rod and a sharp weapon by co‑accused Rishi Kumar, who had already been granted anticipatory bail and exonerated by police. The petitioner argued that the injuries were superficial and the allegations against him were vague, raising the possibility of false implication. The court, after considering the minimal injury, lack of specific evidence against the petitioner, and the risk of wrongful prosecution, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the B.N.S.S. and attendance requirements. The bail order was conditioned on the petitioner surrendering within eight weeks if arrested.
Issues considered
- What is the appropriateness of granting bail to the petitioner given the nature of the alleged offences and the evidence presented?
- Does the petitioner’s alleged role of instigation without overt act warrant denial of bail under Section 482(2) of the B.N.S.S.?
Legislation cited
Subjects
- bail
- anticipatory bail
- false implication
- assault
- criminal procedure
- Section 482
- Bihar
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27750 of 2026
Arising Out of PS. Case No.-164 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Raman Thakur @ Raman Kumar Singh S/o Rajiv Thakur Resident of Village
- Nagawan Bela, P.S.- Dariyapur, District - Saran, (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Piyush Parasar, Advocate
For the Opposite Party/s : Mr.Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Chapra Muffasil P.S.
Case No. 164 of 2025 registered for the offences under Sections
126(2), 115(2), 118(1), 117(2), 109, 303(2), 352, 3(5) of BNS.
3. As per prosecution case, the petitioner and
other co-accused persons came to the shop of the informant and
when delay was caused in supplying Lassi to them, they
assaulted the informant with rod and danda and the informant
fell down and thereafter, co-accused Rishi Kumar stuck on his
head with some sharp weapon causing injury on his head and
ear. The miscreants also took away Rs. 35,000/- from the
Patna High Court CR. MISC. No.27750 of 2026(2) dt.30-04-2026
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informant.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. The specific allegation of assault is against co-accused
Rishi Kumar and there is general and omnibus allegation against
the petitioner and other co-accused persons. Co-accused Rishi
Kumar has been granted anticipatory bail by a learned Co-
ordinate Bench vide order dated 16.04.2026 passed in Cr. Misc.
No. 24451 of 2026. The said co-accused has also been
exonerated by the police during investigation. The petitioner is a
student with clean antecedent. Moreover, the injuries found on
the informant are superficial and simple in nature. In the
rejection order it has been mentioned that the petitioner only
instigated the others and there is no allegation of any overt act
being committed by this petitioner.
5. Learned APP opposes the submission made on
behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
simple injury of the informant and also considering the vague
and doubtful nature of allegation against the petitioner and
further considering the possibility of false implication, let the
Patna High Court CR. MISC. No.27750 of 2026(2) dt.30-04-2026
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petitioner above named, in the event of his arrest or surrender
before the court concerned within a period of eight weeks from
today, be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, Saran at Chapra/concerned court in connection with
Chapra Muffasil P.S. Case No. 164 of 2025, subject to the
condition as laid down under Section 482(2) of the B.N.S.S. and
other following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
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