Patna High Court
Monu Thakur @ Monu KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
Holding
The court held that pre‑arrest bail may be granted where the evidence against the accused is minimal and no serious injury is shown, but bail must be denied where specific violent allegations and prior convictions exist.
Summary
The petitioners Monu Thakur, Mohan Thakur, Lalita Devi and Kamaldeo Thakur applied for pre‑arrest bail in a case alleging assault, attempt to kill and outraging the modesty of an informant under several sections of the BNS. The FIR alleged that Monu and Mohan assaulted the informant on the head with weapons and also assaulted his wife. The petitioners claimed innocence and said the allegations were ornamental, while the State opposed bail. The court examined the FIR, the investigation report and the criminal antecedents of the accused. Finding only minimal evidence against Lalita Devi and Kamaldeo, the court ordered their release on bail subject to verification, but denied bail to Monu and Mohan because of specific violent allegations and prior convictions. The bail application was disposed with a partial grant of bail.
Issues considered
- Whether pre‑arrest bail should be granted in a case involving alleged assault with intent to kill and outraging modesty under the listed BNS sections
- Whether the evidence on record is sufficient to justify denial of bail
- Whether the presence of prior criminal antecedents bars the grant of bail
Subjects
- pre‑arrest bail
- assault
- attempt to murder
- outraging modesty
- criminal antecedent
- Section 482
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.552 of 2026
Arising Out of PS. Case No.-198 Year-2025 Thana- PANDAUL District- Madhubani
======================================================
1. Monu Thakur @ Monu Kumar S/o Mohan Kumar @ Mohan Thakur @
Mohan Sharma Resident Of Village- Shankar Saray, (Padmaul), P.s-
Padmaul, Dist- Madhubani
2. Mohan Thakur @ Mohan Sharma S/o Late Chulhai Thakur Resident Of
Village- Shankar Saray, (Padmaul), Ps- Padmaul, Dist- Madhubani
3. Lalita Devi W/o Mohan Thakur Resident Of Village- Shankar Saray,
(Padmaul), P.s- Padmaul, Dist- Madhubani
4. Kamaldeo Thakur @ Kamal Deo S/o Late Chulhai Thakur Resident of
Village- Shankar Saray, (Padmaul), Ps- Padmaul, (Pandaul), Dist-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Majid Mahboob Khan, Advocate
For the Opposite Party/s : Ms.Sharda Kumari, APP
For the informant : Mr.Ratan Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 02-04-2026 Heard Mr. Majid Mahboob Khan, learned counsel
appearing on behalf of the petitioners; Ms. Sharda Kumari,
learned APP for the State and Mr. Ratan Kumar Jha, learned
counsel for the informant.
2. The petitioners seek pre-arrest bail in connection
with Pandaul P.S. Case No. 198 of 2025 registered for the
offence(s) punishable under Sections
126(2),115(2),118(1),109,74,352,303(2),351(2),3(5) of the
BNS.
Patna High Court CR. MISC. No.552 of 2026(3) dt.02-04-2026
2/4
3. As per the allegation made in the FIR, the accused
persons named therein including the petitioners assaulted the
informant with a common intention to kill, causing injuries.
Specific allegation against Monu Thakur (petitioner no.1) and
Mohan Thakur (petitioner no.2) is that they have assaulted the
informant on his head by means of farsa and Dabiya
respectively. Further allegation is that the accused persons also
assaulted and outraged the modesty of the wife of the informant.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioners are innocent and they have
falsely been implicated in the present case. There is case and
counter case between the parties. The injury sustained by the
injured is simple in nature. General and omnibus allegation has
been alleged against the petitioners no.3 and 4 and against
petitioners no.1 and 2, the allegation is ornamental in nature.
5. Per contra, learned APP for the State vehemently
opposed the prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR and the evidence which has come in course of
investigation, it appears that there is only minuscule evidence
against the petitioners no.2 and 4 and as such, the petitioners,
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above named, are directed to be released on pre-arrest bail, in
the event of their arrest or surrender before the learned District
Court within a period of four weeks from today, on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Madhubani / Concerned Court in
connection with Pandaul P.S. Case No. 198 of 2025, subject to
the conditions as laid down under Section 482(2) of the BNSS.
7. The learned District Court is directed to verify the
criminal antecedent of the petitioners no.3 and 4 and if it is
found that the petitioners no.3 and 4 are involved in some other
cases, as what has been stated in paragraph no.3 of the bail
application, this order will automatically lose its force.
8. So far as petitioners no.1 and 2 are concerned,
against whom there is specific allegation that they had assaulted
the informant on his head by means of farsa and dabiya
respectively, causing head injuries to the informant, which is
vital part of the body and no where in the bail application, the
petitioners have given statement that the assault, which is
attributable to them, occurred on the spur of the moment and
also the fact that the petitioners no.1 and 2 have two criminal
antecedents each, I am not inclined to grant pre-arrest bail to
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the petitioners no.1 and 2.
9. However, the parties, who are well known to each
other, if so desire, may settle their dispute amicably outside the
court. In that case, they will file an appropriate application
before the learned District Court.
10. The bail application stands disposed of.
(Purnendu Singh, J)
Sanjay/-
U T
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