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Patna High Court

Ajeet Kumar @ Ajeet Thakur @ Ajit Thakur @ Ajit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petition for anticipatory bail, granting it with conditions.

Summary

The petitioner, Ajeet Kumar, sought anticipatory bail fearing arrest in a case (Sahebganj P.S. Case No. 248 of 2025) involving multiple offences under the B.N.S. The prosecution alleged that the petitioner, along with others, assaulted the informant, used a lathi, danda and an iron rod, and snatched her gold chain. The petitioner contended that he was falsely implicated due to a pre‑existing family dispute, that the FIR contained only generic allegations without specifying his role, and that he has a clean antecedent. The State opposed the bail. The High Court, after considering the submissions and the lack of specific incriminating material against the petitioner, granted anticipatory bail subject to conditions under Section 438 of the CrPC and Section 482 of the B.N.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC read with Section 482 of the B.N.S. in view of the allegations and lack of specific role attribution
  • Whether the petitioner’s claim of false implication and clean antecedent warrants bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.
  • false implication
  • family dispute
  • assault
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 82107 of 2025
                   Arising Out of PS. Case No.-248 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
                 ======================================================
                 Ajeet Kumar @ Ajeet Thakur @ Ajit Thakur @ Ajit Kumar Son of Late
                 Rajendra Thakur. R/o Village - Parsauni Rais, P.S. - Sahabganj, Dist. -
                 Muaffarpur.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nachiketa Jha, Advocate
                 For the Opposite Party/s :       Ms. Madhuri Lata, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   15-01-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends his arrest in connection with

                   Sahebganj P.S. Case No. 248 of 2025 registered for the offences

                   under Sections 126(2), 115, 117(2), 74, 76, 329(3), 303(2), 352,

                   109, 651(2) and 3(5) of the B.N.S.

                                3. As per the prosecution case, the informant has

                   alleged that the named accused persons, including the petitioner,

                   came to her house and started abusing her and upon her protest

                   they assaulted her with lathi and danda. It is alleged that the

                   petitioner threw the informant on the ground and started

                   pressing her neck and thereafter assaulted her indiscriminately

                   with an iron rod. It has further been alleged that the other
Patna High Court CR. MISC. No. 82107 of 2025(2) dt.15-01-2026
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          accused persons also snatched away her gold chain and

          assaulted her son.

                       4. Learned counsel for the petitioner submits that the

          petitioner has falsely been implicated in the present case on

          account of a pre-existing dispute between the families. It has

          next been submitted that the injury sustained by the informant

          was on her left forearm, which is not a vital part of the body,

          however, the said injury was found to be grievous in nature and

          the other injury has been found to be simple in nature. It has

          further been submitted that a perusal of the F.I.R. would show

          that there are general and omnibus allegations against all the

          accused persons without any specific role being attributed to the

          petitioner. Learned counsel further submits that the learned

          Additional Sessions Judge has already granted bail to the co-

          accused persons against whom allegations of snatching of gold

          chain and criminal intimidation have been levelled. It has lastly

          been submitted that the petitioner carries clean antecedent.

                       5. Learned APP for the State has vehemently opposed

          the prayer for anticipatory bail.

                       6. Considering the aforesaid submission, facts and

          circumstances of the case, let the petitioner above named be

          released on anticipatory bail, in the event of arrest or surrender
Patna High Court CR. MISC. No. 82107 of 2025(2) dt.15-01-2026
                                            3/4




          before the learned Court below within a period of four weeks

          from today, on furnishing bail bonds of Rs.10,000/-(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 Sahebganj P.S. Case

          No. 248 of 2025 subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure read with

          corresponding Section 482(2) of B.N.S.S. as well as subject to

          the following conditions:-

                          (i) One of the bailors of the petitioner shall be his

                          close relative.

                          (ii) The petitioner shall remain physically present

                          in Court on each date of the trial.

                          (iii) In case of absence on two consecutive dates, or

                          in violation of the terms of the bail, the bail bond of

                          the petitioner will be liable to be cancelled by the

                          Court concerned.

                          (iv) If the petitioner is found involved in similar

                          nature of offence in future, the prosecution shall be

                          at liberty to move for cancellation of his bail bond.

                          (v) The learned Court below shall verify the

                          criminal antecedent of the petitioner and in case at
           Patna High Court CR. MISC. No. 82107 of 2025(2) dt.15-01-2026
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                                     any stage it is found that the petitioner has

                                     concealed his criminal antecedent, the court below

                                     shall take step for cancellation of bail bond of the

                                     petitioner. However, the acceptance of bail bonds in

                                     terms of the above-mentioned order shall not be

                                     delayed for purpose of or in the name of

                                     verification.

                                  7. Accordingly, the prayer for anticipatory bail is

                     allowed.



                                              (Sourendra Pandey, J)
aditya/-

U


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