Patna High Court
Suman Thakur @ Prabhat Kumar ThakurversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Suman Thakur (also known as Prabhat Kumar Thakur), a serving S.S.B. jawan, was implicated in a case registered on 2 March 2026 for assaulting an informant with an iron sickle during a land dispute, alleged to have caused head injuries. He contended that the allegations were false, noting that his father had filed an FIR six days earlier and that both parties sustained only minor injuries, and he has no prior criminal record. The petitioner sought anticipatory bail, arguing the case was a retaliatory action. The State opposed the bail. After considering the facts, the court ordered that the petitioner be released on anticipatory bail if he surrenders within six weeks, upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged assault and the claims of false implication.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(2), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- land dispute
- assault
- false implication
- SSB personnel
- Bharatiya Nyaya Sanhita
- Section 482
- Criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31770 of 2026
Arising Out of PS. Case No.-252 Year-2026 Thana- SIKARPUR District- West Champaran
======================================================
Suman Thakur @ Prabhat Kumar Thakur, S/o Sarvesh Thakur, R/o Village -
Nonia Tola, Ward no 7 Harditerha, Police Station - Shikarpur, District -West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap, Adv.
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection with
Shikarpur P.S. Case No. 252 of 2026 dated 02.03.2026,
registered for the offence punishable under Sections 126(2),
115(2), 109(1), 118(2), 352, 351(2) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. The allegation against the petitioner is that on
account of land dispute, he assaulted the informant on his head
with iron sickle which cut his head at two places due to which
the informant received head injury and blood started oozing out.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. It is submitted that the petitioner is S.S.B. Jawan. The
present case is counter blast of the case lodged by the father of
Patna High Court CR. MISC. No.31770 of 2026(2) dt.07-05-2026
2/2
the petitioner. It is submitted that the father of the petitioner has
lodged an F.I.R. on 24.02.2026 while the present case has been
lodged on 02.03.2026 i.e., after six days of the lodging of an
F.I.R. by the father of the petitioner. It is further submitted that
both sides have sustained injuries. The nature of injuries are
simple in nature. Lastly, it has been submitted that the petitioner
has no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest / surrender of the petitioner within a period of
six weeks from today, in connection with Shikarpur P.S. Case
No. 252 of 2026, he shall be released on anticipatory bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
A.C.J.M.-VI, Bettiah, West Champaran, subject to condition as
laid down under Section 482(2) of B.N.S.S..
(Khatim Reza, J)
prabhat/-
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