Patna High Court
Shaurabh Thakur @ Shaurabh Kumar ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The petitioner is entitled to bail, subject to a bond and sureties, as the allegations against him are based only on suspicion.
Summary
The petitioner, Shaurabh Thakur, was named in an FIR for offences under Sections 363 and 302/34 IPC relating to a missing woman. He argued that only suspicion linked him to the crime, noting that the informant was not an eye‑witness and that the primary allegation rested on his father, Karelal Thakur, who had already been granted bail. The State contended that the petitioner’s familial connection warranted his arrest. The Court held that, on the basis of mere suspicion and the lack of direct evidence, the petitioner was entitled to bail. Accordingly, the Court directed that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S.
Issues considered
- Whether the petitioner can be granted bail solely on the basis of suspicion arising from his relationship with the co‑accused
- Whether Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita are applicable for granting bail in this case
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- suspicion
- co‑accused
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
- Indian Penal Code
- Section 363
- Section 302/34
- informant
- case diary
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61880 of 2024
Arising Out of PS. Case No.-58 Year-2024 Thana- GOPALPUR District- Bhagalpur
======================================================
Shaurabh Thakur @ Shaurabh Kumar Thakur Son of Karelal Thakur @ Sunil
Thakur Village- Ps-Rangra, Dist- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Roshan Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Satyendra Narayan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 03-02-2026 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 Gopalpur P.S.
Case No. 58 of 2024 registered for the offences punishable
under Sections 363, 302/34 of the Indian Penal Code.
3. As per FIR, the wife of informant found missing
while she went to deliver the milk to co-villager since
16.02.2024.
4. Learned counsel appearing on behalf of the
petitioner submitted that save and except suspicion, nothing
appears against the petitioner. In support of his submission,
Patna High Court CR. MISC. No.61880 of 2024(6) dt.03-02-2026
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learned counsel drawn attention of this Court towards
paragraph 23 of the case diary and submitted that thrust of
allegation is available against Karelal Thakur, who has already
been granted regular bail by this Court, and this petitioner
being son of said co-accused Karelal Thakur, implicated with
the present occurrence. It is further submitted that if
paragraph 23 of the case diary i.e. re-statement of informant,
be taken into consideration, then certainly the co-accused
persons must be named in the FIR, but missing of their names
in the FIR only suggests that petitioner and other co-accused
persons were named as a matter of an afterthought.
Petitioner claimed clean antecedent.
5. Learned A.P.P. for the State is present.
6. In view of aforesaid factual submission and by
taking note of the fact as admittedly informant is not an eye
witness of the occurrence, where merely on the basis of
suspicion, as the petitioner is son of main accused Karelal
Thakur as mentioned aforesaid, prima facie he was implicated
with the present case, accordingly, above-named petitioner,
in the event of his arrest/surrender within a period of four
Patna High Court CR. MISC. No.61880 of 2024(6) dt.03-02-2026
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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 Additional Chief Judicial Magistrate – 1st, Naugachhia,
District - Bhagalpur/concerned court in connection with
Gopalpur P.S. Case No. 58 of 2024, 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.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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