Patna High Court
Alok kumar Thakur @ Alok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner subject to strict conditions.
Summary
The petitioner, Alok Kumar Thakur, was named in an FIR for alleged outrage and teasing of a 19‑year‑old informant, alleged to have occurred on 10 March 2026 and reported on 12 March 2026. He sought anticipatory bail, contending that the incident was a mere threat arising from a neighbourhood dispute and that he has a clean antecedent. The State opposed the bail, arguing the seriousness of the offences under Sections 74, 75, 77 and 78 of the Bhartiya Nyay Sanhita, 2023. The Court, noting that the principal allegation was the advancement of a threat and the petitioner’s clean record, ordered anticipatory bail on the condition of surrender within four weeks, a bail bond of Rs.10,000 with two sureties, and compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, along with non‑interference with witnesses. The bail is subject to further conditions restricting the petitioner from committing similar offences or influencing witnesses.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the facts alleged.
- Whether the alleged conduct amounts to a cognizable offence justifying denial of bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 74, 75, 77, 78
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- threat
- harassment
- Bhartiya Nyay Sanhita
- Section 438
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40203 of 2026
Arising Out of PS. Case No.-140 Year-2026 Thana- BANKA District- Banka
======================================================
Alok kumar Thakur @ Alok Kumar S/O Uday Kant Thakur Resident of
village- Maheshadih, Police Station and district- Banka
... ... Petitioner
Versus
1. The State of Bihar
2. Dolly Kumari D/O Late Munna Sharma Resident of village- Maheshadih,
Police Station and district- Banka
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Balram Kapri, Advocate
For the Opposite Party/s : Mr.Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Banka P.S. Case No.
140 of 2026 registered for the offences punishable under
Sections 74, 75, 77 & 78 of the Bhartiya Nyay Sanhita, 2023 (in
short, the ‘B.N.S.’).
3. As per FIR, petitioner alleged to outrage and also
tease the informant, who is aged about 19 years repeatedly on
her way to college.
4. Learned counsel appearing on behalf of the petitioner
submitted that out of neighbourhood dispute and differences the
petitioner was implicated falsely with the present crime in
Patna High Court CR. MISC. No.40203 of 2026(2) dt.23-06-2026
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question, where maximum allegation is of only advancing
threat. It is submitted that last occurrence of teasing, as alleged,
was took place on 10.03.2026, whereas FIR in issue was lodged
with a delay of two days on 12.03.2026, without having any just
explanation. It is submitted that petitioner is a man of clean
antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by
taking note of over all nature of accusation, where maximum
allegation is of advancing threat only, accordingly, above-named
petitioner, who is a man of clean antecedent, in the event of his
arrest/surrender within a period of four weeks from this order, is
directed to be enlarged on bail on furnishing of bail bond of
Rs.10,000/- (ten thousand only) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Banka/concerned court in connection with Banka
P.S. Case No. 140 of 2026, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C/Section 482(2) of the
Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”) and
further condition:
That petitioner shall not influence any witness during
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the course of investigation including the informant
and also shall not indulge in similar nature of offence
till conclusion of trial of this case, failing which the
State/informant shall be at liberty to press petition for
cancellation of bail bond of the petitioner before the
learned trial court itself, which shall be decided after
giving opportunity of hearing to the petitioner by the
learned trial court.
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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