Patna High Court
Kamleshwari Thakur @ Vikash @ Ranjeet @ SaneshversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Kamleshwari Thakur, was arrested on charges of demanding ransom at gunpoint under IPC sections 147, 148, 149, 385, 387 and 506, as well as sections 17 and 20 of the U.P. Act. The petitioner contended that her name was linked to the case solely on the basis of unverified spy information and that no substantive material or recovery was made against her. The State opposed bail, citing her alleged criminal antecedents, while the petitioner argued she was falsely implicated. The Court observed that only one witness had been examined, no tangible evidence was on record, and the trial was unlikely to conclude soon. Consequently, the Court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of family surety and mandatory physical presence in court.
Issues considered
- Whether bail should be granted in a case where the accused is alleged to have demanded ransom but no material evidence has been produced
- Whether the petitioner’s alleged criminal antecedents justify denial of bail
- Whether the petitioner has been falsely implicated based on unverified spy information
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 385, 387, 506
Subjects
- bail
- criminal procedure
- false implication
- ransom
- IPC
- U.P. Act
- trial
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73424 of 2025
Arising Out of PS. Case No.-285 Year-2013 Thana- TEGHRHA District- Begusarai
======================================================
Kamleshwari Thakur @ Vikash @ Ranjeet @ Sanesh S/O Late Fulo Thakur
Resident of Vill.- Nonpur, P.S.- Teghra, Dist.- Begusarai At Present address
Harichak, P.S.- Bhagwanpur, Dist.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar, Adv.
For the Opposite Party/s : Mrs.Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 16-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with S.Tr. No. 430 of 2025 arising out
of Teghra P.S. Case no.285 of 2013 registered under sections
147, 148, 149, 385, 387 and 506 of IPC and 17/20 of U.P. Act.
3. Allegation in the F.I.R is that petitioner demanded
ransom from the head of Uttar Bihar Madhya Zonal Committee
on the gun point.
4. Learned counsel for the petitioner submits that
the name of the petitioner has transpired in this case only on the
basis of spy information, having disclosed the name of one Sanesh,
however, name of this petitioner is Kamleshwari Thakur and not
Patna High Court CR. MISC. No.73424 of 2025(5) dt.16-02-2026
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Sanesh and he was remanded in the present case also. It is
further submitted that no substantial material has been collected
during course of investigation and no recovery has been made
from his possession. The petitioner is in custody since
21.10.2024 and undertakes to cooperate in the case/trial.
Charges have been framed in the case.
5. The application for bail is opposed by learned
A.P.P. for the State on the ground that petitioner has several
criminal antecedents. In response, learned counsel for the
petitioner submits that petitioner has been falsely implicated in
the false and frivolous like present case.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that no
tangible material has transpired against the petitioner during
course of investigation and charges having been framed on
18.07.2025 and only one witness has been examined till date
and there is no likelihood to conclude the trial in the near future,
the petitioner is directed to be enlarged on bail in connection
with S.Tr. No. 430 of 2025 arising out of Teghra P.S. Case
no.285 of 2013 on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
Patna High Court CR. MISC. No.73424 of 2025(5) dt.16-02-2026
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pending/successor Court on the following conditions:-
(I) One of the bailors of the petitioner shall be the
family member/close relative of the petitioner.
(II) The petitioner shall remain physically present in
the learned trial Court on each date and shall cooperate in the
trial. In case the petitioner is absent on the two consecutive
dates without sufficient reasons, the learned trial Court would be
at liberty to cancel the bail bonds of the petitioner.
(Soni Shrivastava, J)
Harsh/-
U T
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