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Patna High Court

Manoj Thakur @ Manoj Kumar Thakur @ Manoj Kumar SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail is to be granted subject to the stipulated conditions.

Summary

Manoj Thakur was implicated in a case of assault and robbery under several sections of the Bihar Negotiable Substances Act, 2023. The prosecution alleged that he entered the complainant's courtyard, assaulted her and her mother‑in‑law, and stole a gold chain. The petitioner claimed innocence, asserted that the injuries were simple, and highlighted his clean antecedents. The State opposed the grant of anticipatory bail. The High Court, noting the minor nature of the injuries, the petitioner’s clean record and his willingness to cooperate, ordered anticipatory bail with a bond of Rs.10,000 and specific conditions, invoking Section 482(2) of the Bihar Negotiable Substances (Special) Act.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bihar Negotiable Substances (Special) Act in view of the nature of the alleged offences and the petitioner’s antecedents?

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • simple injury
  • clean antecedents
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30863 of 2026
                    Arising Out of PS. Case No.-147 Year-2024 Thana- KHUTAUNA District- Madhubani
                 ======================================================
                 Manoj Thakur @ Manoj Kumar Thakur @ Manoj Kumar Sharma son of Late
                 Kapildev Thakur @ Late Kapil Thakur Resident of village- Murarpatti, Ward
                 No 5, PS -Khutauna District -Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Jitendra Kumar Bharti, Adv.
                 For the Opposite Party/s :      Mr. Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   06-05-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                           2. The petitioner is apprehending his arrest in connection

                   with Khutauna P.S. Case No. 147 of 2024 dated 17.10.2024

                   registered for the offence punishable under Section/s 126(2),

                   115(2), 118(1), 329(3), 109, 74, 303(2), 352, 351(2), 3(5) of the

                   B.N.S., 2023.

                           3. The prosecution case, in brief, is that the accused

                   persons, including the present petitioner, entered the Informant’s

                   courtyard, abused her, and assaulted her and her mother-in-law

                   with lathi, danda, farsa, fists, and slaps, causing head injuries. It

                   is further alleged that Manoj Thakur (the petitioner) snatched

                   the gold chain of the informant.
Patna High Court CR. MISC. No.30863 of 2026(2) dt.06-05-2026
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                  4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. It is further submitted that there is a case and

          counter-case between the parties arising out of the same

          incident, and that the petitioner is alleged to have caused injury

          to the informant, Poonam Devi, which has been found to be

          simple in nature. Lastly, it is submitted that the petitioner is a

          person of clean antecedents.

                  5. Learned APP for the State opposes the prayer for grant

          of anticipatory bail.

                  6. Having heard learned counsel for the parties and

          considering the fact that the injuries have been found to be

          simple in nature, and that the petitioner has clean antecedents

          and is ready to cooperate in the investigation, let the petitioner,

          named above, be released on anticipatory bail. in the event of

          his arrest or surrender before the court below within a period of

          four weeks from today on furnishing bail bond of Rs. 10,000/-

          (rupees ten thousand) with two sureties of the like amount each

          to the satisfaction of learned Judicial Magistrate- 1st Class,

          Jhanjharpur, Madhubani in connection with Khutauna P.S. Case

          No. 147 of 2024, subject to the condition as laid down under

          Section 482(2) of the B.N.S.S. as well as the following
              Patna High Court CR. MISC. No.30863 of 2026(2) dt.06-05-2026
                                                           3/3




                        conditions:

                                (i)   One      of    the    bailors     should   be   the   family

                        member/relative/known of the petitioner(s) who shall provide

                        official document / personal affidavit to show his/her bona fide;

                                (ii) the petitioner(s) shall appear on each and every date

                        before the Trial Court and failure to do so for two consecutive

                        dates without plausible reason will entail cancellation of his bail

                        bond by the Trial Court itself;

                                (iii) the petitioner(s) shall in no way try to induce or

                        promise or threat the witnesses or tamper with the evidences,

                        failing which the State shall be at liberty to take steps for

                        cancellation of the bail bonds.



                                                                                 (Ajit Kumar, J)
rishi/-

U         T


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