Patna High Court
Manoj Thakur @ Manoj Kumar Thakur @ Manoj Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bihar Negotiable Substances Act, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 329(3), 3(5), 351(2), 352, 74
- Bihar Negotiable Substances (Special) Act — s. 482(2)
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
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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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