Patna High Court
Kamleshwari Thakur @ RanjeetversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner subject to monetary and personal conditions.
Summary
Kamleshwari Thakur (alias Ranjeet) was arrested for allegedly sticking a pamphlet about a Bihar bandh on a wall and charged under IPC sections 144, 506 and 120(B) and UAPA sections 10, 13, 18 and 20. The petitioner filed a bail application, contending that the only allegation was the pamphlet and that no larger conspiracy was proved, and that the information leading to his arrest was vague. The State opposed bail, citing the petitioner’s multiple criminal antecedents. The Court examined the nature of the alleged act, the fact that a charge‑sheet had already been filed, and the petitioner’s undertaking not to abscond or tamper with evidence. Considering these factors, the Court ordered that bail be granted on a bond of Rs 10,000 with two sureties, subject to conditions of family surety, personal appearance in court, and cancellation of bail for non‑appearance on two consecutive dates.
Issues considered
- Whether bail should be granted to a person charged under IPC and UAPA for allegedly distributing a pamphlet about a bandh
- Whether the petitioner’s criminal antecedents justify denial of bail
- Whether the allegation of merely sticking a pamphlet suffices to sustain pre‑trial detention under the charged offences
Legislation cited
- Indian Penal Code — s. 120(B), 144, 506
- Unlawful Activities (Prevention) Act — s. 10, 13, 18, 20
Subjects
- bail
- UAPA
- IPC
- freedom of speech
- pamphlet
- Bihar bandh
- criminal antecedents
- pre‑trial detention
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73409 of 2025
Arising Out of PS. Case No.-86 Year-2018 Thana- BEERPUR District- Begusarai
======================================================
Kamleshwari Thakur @ Ranjeet S/o Late Fulo Thakur R/o Village- Nonpur,
P.S.- Teghra, District- Begusarai. At Present Village- Harichak, P.S.-
Bhagwanpur, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mrs. Pushpa Sinha.1, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 144, 506 and 120 (B) of the
I.P.C and Sections 10, 13, 18 and 20 of UAPA Act.
3. As per the prosecution case, the allegation against
the petitioner is that he had stuck up pamphlet on a wall with
regard to Bihar Bandh.
4. Learned counsel for the petitioner submits that the
only allegation against the petitioner is that he had stuck up
pamphlet on the wall with regard to Bihar Bandh and no other
allegation of any larger conspiracy etc. has been attributed to the
petitioner. It is further submitted that the petitioner was not
Patna High Court CR. MISC. No.73409 of 2025(4) dt.11-02-2026
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arrested from the spot and his name was disclosed by some
villagers who also did not disclose their name as such the
complicity of the petitioner is not based on specific source of
information. Other police cases have also been filed against him
on same type of false allegations and as such the petitioner has
list of criminal antecedents. Further, the petitioner is in custody
since 22.08.2024 but the stage of the trial has not moved any
further.
5. Learned A.P.P. for the State opposes the bail
petition on the ground that petitioner has several criminal
antecedents.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
allegation upon the petitioner is with regard to sticking a
pamphlet and nothing beyond that to suggest a larger conspiracy
and further considering that charge sheet has already been
submitted and petitioner undertakes that he would not abscond
or tamper with the evidence, the above named petitioner is
directed to be enlarged on bail on furnishing bail bond of
Rs10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor Court in connection with
Patna High Court CR. MISC. No.73409 of 2025(4) dt.11-02-2026
3/3
Birpur P.S. Case No. 86 of 2018, subject to the conditions that :
(i) One of the bailors will be his close relative/family
members.
(ii) The petitioner shall remain physically present in
court on each and every date fixed in the case till the framing of
charges and in the event of failure on two consecutive dates
without sufficient reasons, his bail bonds shall be liable to be
cancelled by the learned court concerned.
(Soni Shrivastava, J)
vashudha/-
U T
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