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Patna High Court

Kamleshwari Thakur @ Vikash @ Ranjeet @ SaneshversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          3/3




                        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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