Patna High Court

PANKAJ THAKUR @ PANKAJ KUMARversusThe State of Bihar

Decided: 6 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail is appropriate and should be granted to the petitioner under the circumstances of the case.

Summary

Pankaj Thakur was arrested in connection with a case filed under Sections 126(2), 115(2), 118(1), 109(1), 352 and 351(1) of the Bharatiya Nyaya Sanhita, 2023, alleging that he and co‑accused assaulted an informant, causing simple injuries. The petitioner contended that he was falsely implicated, that no incriminating material was found in his possession, and that he had no prior criminal record. He also highlighted that a co‑accused had already been granted bail in a related matter. The State opposed the bail application, arguing the seriousness of the offences. The Court, after considering the length of the petitioner’s custody, the nature of the injury, the absence of material evidence, and the petitioner’s clean antecedent, decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the petitioner in a case involving offences under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 351(1), 352

Subjects

bail
criminal procedure
assault
Bharatiya Nyaya Sanhita
custody
injury
no prior record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78632 of 2025
                       Arising Out of PS. Case No.-77 Year-2025 Thana- TELHARA District- Nalanda
                 ======================================================
                 PANKAJ THAKUR @ PANKAJ KUMAR S/O NARESH THAKUR
                 RESIDENT OF VILLAGE -TELHARA, P.S- TELHARA, DISTRICT-
                 NALANDA
                                                               ... ... Petitioner/s
                                          Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Saurav Kumar Suman, Advocate
                 For the Opposite Party/s :       Mr.Pramod Kumar Pandey, A.P.P.
                                                  Mr. Ravi Prakash Dwevedi, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   06-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                               2. The petitioner seeks bail in connection with Telhara

                   P.S. Case No. 77 of 2025, instituted for the offences under

                   Sections 126(2), 115(2), 118(1), 109(1), 352, 351(1) of the

                   Bharatiya Nyaya Sanhita, 2023.

                               3. The prosecution case, in short, is that the petitioner

                   along with other co-accused person went to the house of the

                   informant, hurled abuse and assaulted him due to which he

                   sustained injuries.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. Learned counsel for

                   the petitioner also submits that the allegation levelled against
           Patna High Court CR. MISC. No.78632 of 2025(3) dt.06-02-2026
                                                       2/2




                     the petitioner is not specific rather the same is general and

                     omnibus in nature. Both the parties are next door neighbours. It

                     is next submitted that the injury received by the informant is

                     simple in nature. Learned counsel for the petitioner further

                     submits that other co-accused has been granted bail by this

                     Court vide order dated 04.09.2025 passed in Cr. Misc. No.

                     61456 of 2025. The petitioner is in custody since 23.05.2025

                     and has got no criminal antecedent.

                                 5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                 6. Considering the aforesaid facts and circumstances

                     of the case and taking into account the period of custody

                     undergone by the petitioner, this Court is inclined to grant bail

                     to the petitioner

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Telhara P.S. Case

                     No. 77 of 2025.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T

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