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Patna High Court

Pawan Kumar ThakurversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner, subject to surrender within four weeks and specified bail conditions.

Summary

Pawan Kumar Thakur applied for bail after being implicated in a theft case (IPC Sec. 380) based on an informant’s claim that he, as her husband, stole her mobile, cash and gold. The petitioner contested the allegation, asserting that the informant’s claim of marriage was false and that she was actually married to Mukesh Kumar, against whom she had filed a dowry‑related complaint under Sec. 498‑A. The State opposed bail, citing a Sessions Judge’s direction that the petitioner surrender before the lower court, referencing Naushad Ansari v. State of Bihar. The High Court examined the material, noted the informant’s existing marriage and the petitioner’s clean antecedent, and consequently granted bail with conditions of surrender within four weeks, a bail bond of Rs.10,000 with two sureties (one a close relative), under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether bail should be granted to the petitioner in a case under IPC Section 380 despite the State’s direction to surrender.
  • Whether the informant’s allegation of marriage, which forms the basis of the theft claim, is credible.

Legislation cited

Subjects

  • bail
  • theft
  • IPC Section 380
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • marriage dispute
  • false allegation
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2788 of 2026
                   Arising Out of PS. Case No.-221 Year-2024 Thana- BHAGALPUR KOTWALI District-
                                                        Bhagalpur
                 ======================================================
                 Pawan Kumar Thakur, Son of Late Dayanand Thakur, Resident of village-
                 Khajechak PS- Haveli Kharagpur Dist -Munger

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Raja Ram Mishra, Advocate
                 For the Opposite Party/s :     Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   04-02-2026                  Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Kotwali (Barari) P.S. Case No. 221 of 2024

                   registered for the offences punishable under Sections 380 of the

                   Indian Penal Code.

                                3. Based upon the written report, the informant alleges

                   that on the intervention of police, the dispute between the

                   informant and the petitioner was pacified and thereupon they

                   came in the house and slept. But the informant, later on, found

                   that in the morning, the petitioner, who happens to be her

                   husband, fled away after taking her mobile and cash of

                   Rs.30,000/- as well as Gold ornaments.

                                4. Learned Advocate for the petitioner submitted that
Patna High Court CR. MISC. No.2788 of 2026(2) dt.04-02-2026
                                            2/3




          the entire allegation falls to the ground for the simple reason

          that the claim of the informant to be the wife of the petitioner is

          completely false and fabricated. This fact is evident from the

          Complaint Case No. 368 (C) of 2019, which has been instituted

          by the informant against Mukesh Kumar @ Mukesh Kumar

          Paswan, who is said to be her husband, under Section 498-A and

          other allied Sections of the Indian Penal Code. There is

          complete denial of the allegation and in fact on account of some

          extra marital affairs, the informant tried to put pressure upon the

          petitioner so that she any how settle her future with the

          petitioner. It is lastly contended that the petitioner bears fair

          antecedent and he undertakes that he will fully cooperate in the

          proceeding of the court.

                       5. On the other hand, learned APP for the State

          vehemently opposes the bail application and submits that the

          learned Sessions Judge after taking into account all the facts

          directed the petitioner to surrender before the jurisdictional

          court in the light of the decision rendered in the case of

          Naushad Ansari Vs. The State of Bihar (Cr. Misc. No. 3536 of

          2024), however, the petitioner, instead of surrendering before

          the jurisdictional court has approached this Court.

                       6. Having considered the submissions advanced by
             Patna High Court CR. MISC. No.2788 of 2026(2) dt.04-02-2026
                                                         3/3




                       the learned Advocate for the respective parties and taking note

                       of the nature of allegation as well as the materials available on

                       record, which suggests that the marriage of the informant was

                       solemnized with one Mukesh Kumar @ Mukesh Kumar

                       Paswan, against whom she also filed a Complaint case with an

                       allegation of torture and demand of dowry, besides the fair

                       antecedent of the petitioner, let the petitioner, named above, in

                       the event of his arrest or surrender before the court below within

                       four weeks from the date of receipt/production of a copy of this

                       order, be released on 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, Bhagalpur in connection with Kotwali (Barari) P.S.

                       Case No. 221 of 2024, subject to the condition as laid down

                       under Section 482 (2) of the Bharatiya Nagarik Suraksha

                       Sanhita, 2023 with the further condition that one of the bailors

                       shall be the own/close relative of the petitioner.


                                                   (Harish Kumar, J)
uday/-

U        T


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