Patna High Court
Pawan Kumar ThakurversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 380
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
Checking your session…