Patna High Court
ASHOK THAKURversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Anticipatory bail may be granted where the allegations do not conclusively implicate the petitioner and mitigating factors exist, subject to conditions under Section 482(2).
Summary
Ashok Thakur applied for anticipatory bail after being implicated in an assault on the informant's son, alleged to have been carried out with a Dabiya. The petitioner argued that the incident arose from a dispute over tent erection, that there is a case‑and‑counter‑case, and that the injury report does not specifically link him to the harm. He also highlighted his clean criminal record. The State opposed the bail, citing multiple serious offences under the Bhartiya Nyaya Sanhita. The Court examined the facts, the injury report, and the lack of prior convictions, and concluded that bail could be granted subject to conditions. Accordingly, the Court ordered anticipatory bail on a bond of Rs.10,000 with two sureties, to be surrendered within six weeks, under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances and the offences alleged?
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109(1), 1127(2), 115(2), 117(2), 118(1), 118(2), 303(2), 331(5), 3(5), 351(2), 352, 74, 76
Subjects
- anticipatory bail
- assault
- Bhartiya Nyaya Sanhita
- Section 482
- criminal procedure
- bail conditions
- case and counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28067 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- MADHEPUR District- Madhubani
======================================================
ASHOK THAKUR Son of Late Kari Thakur Resident of Village - Matras,
P.S.- Madhepur, District - Madhubani.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Jaishankar Kumar Yadav, Advocate
For the Opposite Party : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application for anticipatory bail arises out
of Madhepur P.S. Case No. 10 of 2026 for the offence
punishable under Section 1127(2), 115(2), 117(2), 118(1),
118(2), 109(1), 74, 76, 303(2), 331(5), 351(2), 352, 3(5) of the
Bhartiya Nyaya Sanhita.
3. As per the allegation, this petitioner and co-
accused Santosh Thakur are alleged to have assaulted the son of
the informant on his head by means of Dabiya.
4. Learned counsel for the petitioner has submitted
that there is case and counter case between the parties and the
injury report goes to show that there is one injury upon the
injured and that is not specifically attributed to the petitioner. It
has further been submitted that the petitioner has also received
Patna High Court CR. MISC. No.28067 of 2026(3) dt.13-05-2026
2/2
head injuries in the alleged occurrence caused by the informant
side and the injury report has been annexed as Annexure-P/3.
The alleged occurrence took place suddenly on the question of
erection of tent for a function and the petitioner has got no
criminal antecedents.
5. Learned counsel for the State opposed the prayer
of anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances, let the
petitioner above named, in the event of his arrest/surrender
within six weeks from today in the Court below, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned J.M. 1st Class, Jhanjharpur, Madhubani, in
connection with Madhepur P.S. Case No. 10 of 2026, subject to
the conditions as laid down under Section 482(2) of the Bhartiya
Nagrik Suraksha Sanhita.
(Praveen Kumar, J)
Pawan/-
U T
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