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Patna High Court

Kamlesh ThakurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioners.

Summary

The petitioners, four members of the Thakur family, sought anticipatory bail fearing arrest in a case registered under several provisions of the Bharatiya Nyaya Sanhita for alleged kidnapping and related offences. The FIR alleged that the informant’s daughter was abducted by a co‑accused, Abhinash Kumar, who later married her, and the informant claimed abuse at his house. The petitioners contended they had no involvement, no specific overt act was alleged against them, and they possessed clean antecedents, while a compromise petition had been filed by the informant. The State opposed the bail application. Considering the nature of the accusation against a co‑accused and the petitioners’ clean record, the Court granted anticipatory bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directed that if arrested within eight weeks, the petitioners be released on bail on furnishing the stipulated bond.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the FIR alleging kidnapping and related offences.
  • Whether the petitioners’ clean antecedent and lack of specific allegation against them justify bail.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • clean antecedent
  • Bharatiya Nyaya Sanhita
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83709 of 2025
                      Arising Out of PS. Case No.-228 Year-2025 Thana- VAISHALI District- Vaishali
                 ======================================================
           1.     Kamlesh Thakur S/o Bashisth Thakur R/o vill-Nagawa, P.S- Vaishali, Distt-
                  Vaishali
           2.    Papu Thakur S/o Bashisth Thakur R/o vill-Nagawa, P.S- Vaishali, Distt-
                 Vaishali
           3.    Bimlesh Thakur S/o Bashisth Thakur R/o vill-Nagawa, P.S- Vaishali, Distt-
                 Vaishali
           4.    Bashisth Thakur S/o Bhikhari Thakur R/o vill-Nagawa, P.S- Vaishali, Distt-
                 Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Parmod Ban Bihari Singh, Advocate
                 For the Opposite Party/s :       Mr. Nawal Kishore Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   20-02-2026                    Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 137(2), 87, 115(2),

                   351(2), 3(5) of the Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., on the alleged date and time,

                   daughter of the informant went to attend coaching class but did

                   not return till 6 PM. Upon search, informant came to know that

                   her daughter was kidnapped by co-accused Abhinash Kumar

                   and when she went at the house of Abhinash Kumar, his family
Patna High Court CR. MISC. No.83709 of 2025(3) dt.20-02-2026
                                            2/3




          members abused her.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have committed no offence.

          Specific accusation of kidnapping the daughter of informant is

          against co-accused Abhinash Kumar and there is no allegation

          of any specific overt act against these petitioners. As a matter of

          fact, there was love affair between Abhinash Kumar and the

          daughter of informant and both of them solemnized marriage

          and are living together as husband and wife and in this regard, a

          compromise petition has also been filed by the informant.

          Petitioners claim clean antecedent.

                       5. Learned A.P.P. for the State vehemently opposed

          the bail application.

                       6. Considering nature of accusation and clean

          antecedent of petitioners, this anticipatory bail is allowed and it

          is ordered that let the above named petitioners in the event of

          their arrest/surrender before the court below within a period of

          eight weeks from today, be enlarged on bail on furnishing bail-

          bond of Rs. 10,000/- (ten thousand) each with two sureties of

          the like amount each to the satisfaction of Judicial Magistrate,

          Vaishali at Hajipur in connection with Vaishali Belsar P. S. Case

          No. 228 of 2025, subject to condition as laid down under
              Patna High Court CR. MISC. No.83709 of 2025(3) dt.20-02-2026
                                                          3/3




                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                        2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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