Patna High Court
Panchu ThakurversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- HARISH KUMAR
Holding
The court rejected the petitioner's anticipatory bail application.
Summary
Petitioner Panchu Thakur applied for anticipatory bail after an FIR (Case No. 139 of 2025) was lodged alleging offences under several sections of the Bihar Narcotic Substances Act, 2023, stemming from an assault during a panchayat dispute. He contends that the incident occurred in a fit of rage, that he has no prior criminal record, and that a counter‑complaint filed by his wife is merely retaliatory. The State argued that the petitioner assaulted the informant’s husband and his cousin, causing injuries, one of which was grievous, and therefore opposed bail. The court examined the seriousness of the alleged offences and the presence of grievous injury. It concluded that the criteria for granting anticipatory bail were not satisfied and rejected the petition. However, the court directed that if the petitioner surrenders within four weeks, the lower court may consider a regular bail application without prejudice to this order.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the offences alleged in the FIR
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 3(5), 352
Subjects
- anticipatory bail
- assault
- grievous injury
- criminal antecedent
- counter complaint
- panchayat dispute
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66897 of 2025
Arising Out of PS. Case No.-139 Year-2025 Thana- ISUAPUR District- Saran
======================================================
Panchu Thakur S/o Late Ram Chandra Thakur R/o Vill- Mahuli, P.S-
Ishuapur, Dist- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jeetendra Narayan
For the Opposite Party/s : Mr.Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
4 21-01-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Ishuapur P.S. Case No. 139 of 2025, registered for the
offences punishable under Sections 126(2), 115(2), 117(2),
118(1), 109(1), 352, read with Section 3(5) of the BNS, 2023.
3. While the dispute was being resolved in a
panchyati, allegedly this petitioner started abusing and on
protest, he assaulted the husband of the informant over his neck
by means of dab due to which he sustained injury. In the
meanwhile, when the cousin of the informant’s husband came to
his rescue, he was also assaulted by the petitioner over his head
due to which he sustained head injury.
4. Learned Advocate for the petitioner submitted that
allegedly the occurrence took place in the morning of
Patna High Court CR. MISC. No.66897 of 2025(4) dt.21-01-2026
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15.07.2025, but the present FIR came to be instituted on
17.07.2025. Moreover, the genesis of occurrence is a previous
dispute which resulted into some scuffle leading to unfortunate
injuries. The fair antecedent of the petitioner clearly suggests
that he is not a man of criminal antecedent and the occurrence
took place in a fit of rage, even if for the sake of argument, it is
accepted that it is the petitioner, who assaulted the informant’s
husband and cousin the informant’s husband. It is next
contended that there is counter version of the present case being
Complaint Case No. 1813 of 2025 instituted by the wife of the
petitioner against the informant and others. The petitioner bears
fair antecedent and he undertakes that he will fully cooperate in
the proceeding of the court.
5. On the other hand, learned Advocate for the State
vehemently opposes the bail application and submits that the
counter case is nothing but an after thought which was been
instituted on 22.07.2025. Moreover, two persons have sustained
injuries on account of the assault being made by the petitioner,
out of which one of the injury has been found to be grievous in
nature over the head of the cousin of the informant’s husband.
6. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
Patna High Court CR. MISC. No.66897 of 2025(4) dt.21-01-2026
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of the specific accusation against the petitioner of causing
assault and two of the persons , out of which one has sustained
grievous injury, this Court is not acceded to the prayer for grant
of anticipatory bail of the petitioner. Accordingly the same
stands rejected.
7. However, if the petitioner surrenders within four
weeks, the jurisdictional court shall consider the prayer for bail
of the petitioner without being prejudiced by the order of this
Court taking note of the aforesaid submissions led by the
learned Advocate for the petitioner.
(Harish Kumar, J)
Anjani/-
U T
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