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Patna High Court

Pintu Thakur @ Dilip KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to prescribed bond and surety conditions.

Summary

The petitioner, Pintu Thakur, was named in an FIR alleging multiple offences under the IPC, the Sound Pollution Act and the Loud Speaker Act, stemming from a disturbance during a religious ceremony where loud music was played and police were allegedly assaulted. The petitioner claimed a clean record and argued that the FIR made only a general, non‑specific allegation of assault, constituting false implication. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, ordered that the petitioner be released on anticipatory bail if arrested or surrendered within six weeks, subject to a bail bond of Rs 10,000, two sureties of equal amount, and conditions under Section 482(2) of the BNSS. The order reflects the court’s view that the allegations against the petitioner are not sufficiently specific to deny bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the serious offences alleged in the FIR.
  • Whether the FIR contains a specific allegation of assault against the petitioner sufficient to deny bail.
  • Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for anticipatory bail.

Legislation cited

  • BNSS — s. 482(2)
  • Indian Penal Code — s. 120B, 147, 148, 149, 307, 323, 332, 333, 337, 341, 353, 379, 427, 504, 506

Subjects

  • anticipatory bail
  • false implication
  • assault
  • sound pollution
  • IPC offences
  • police assault
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4705 of 2026
                         Arising Out of PS. Case No.-12 Year-2023 Thana- SIGAUDI District- Patna
                 ======================================================
                 Pintu Thakur @ Dilip Kumar S/o Parashuram Thakur R/o vill - Bahadurganj,
                 P.s.- Sigori, Distt.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Parashuram Singh
                 For the Opposite Party/s :        Mr.Dr. Ajeet Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 147, 148,

                   149, 341, 323, 379, 353, 307, 332, 333, 337, 427, 120B, 504,

                   506 of IPC and Sections 5 and 6 of the Sound Pollution Act and

                   Section 9 of the Loud Speaker Act

                             3.    Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that on eve of immersion of goddess Sarswati, the

                   accused persons including the petitioner were playing loud

                   music and dancing, thus were creating nuisance and when

                   informant tried to stop them, the accused persons assaulted the

                   police force causing injury.
              Patna High Court CR. MISC. No.4705 of 2026(2) dt.17-03-2026
                                                          2/2




                                 4.     Learned counsel for the petitioner submits that

                        petitioner has been falsely implicated in the instant case by the

                        informant. It is next submitted that from perusal of the

                        allegations as alleged in the FIR, it would manifest that

                        allegation of assault is general and omnibus in nature, i.e., no

                        specific allegation of assault is alleged against the petitioner.

                                 5.     Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail of the petitioner.

                                 6.     Considering the submissions made by the learned

                        counsel for the petitioner, the petitioner above-named, in the

                        event of his arrest or surrender within a period of six weeks

                        from today, be released on anticipatory bail on furnishing bail

                        bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

                        of the like amount each to the satisfaction of the learned trial

                        court where the case is pending/successor court in connection

                        with Sigori P.S. Case No. 12 of 2023 subject to the conditions

                        as laid down under Section 482 (2) of the BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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