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Patna High Court

Ramesh ThakurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) BNSS.

Summary

The petitioner, Ramesh Thakur, sought anticipatory bail after being implicated in an FIR alleging multiple offences under the BNS, based on the informant's claim that he participated in an assault on 06-09-2025. The petitioner argued he has a clean antecedent and that the FIR’s allegations are vague, with the injury described as simple and the informant’s statements inconsistent. The State opposed the bail, contending that the informant specifically identified the petitioner as the assailant. The Court examined the credibility of the informant’s statements, the nature of the alleged injury, and the petitioner’s clean record, finding insufficient basis to deny bail. Consequently, the Court granted anticipatory bail subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, requiring a bail bond and sureties.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. given the allegations in the FIR
  • Whether the informant's statements sufficiently establish the petitioner’s involvement in the alleged offences

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • FIR
  • clean antecedent
  • Section 438
  • Section 482
  • Criminal Procedure Code
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85619 of 2025
                    Arising Out of PS. Case No.-290 Year-2025 Thana- DARBHANGA SADAR District-
                                                       Darbhanga
                 ======================================================
                 Ramesh Thakur Son of Late Ramchandra Thakur Resident of Village -Kharua
                 Police Station- Sadar District -Darbhanga
                                                                         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Nilendu Kumar Choudhary, Advocate
                 For the Opposite Party/s :     Mr. Mohammed Arif, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel appearing on behalf of

                   the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 191(2),

                   190, 126(2), 115(2), 109, 329(4), 303(2), 351, 74 and 352 of the

                   BNS.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that six named accused persons including the petitioner

                   came on 06.09.2025, at 08:00 p.m., and assaulted him by fighter

                   causing injury on his head and eye and also assaulted the

                   brother and nephew of the informant and acted inappropriately

                   with women member and snatched the chain.
Patna High Court CR. MISC. No.85619 of 2025(2) dt.02-02-2026
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                       4. Learned counsel appearing on behalf of the

          petitioner submits that petitioner has been falsely implicated in

          the instant case by the informant i.e. Sonu Kumar. It is further

          submitted that from perusal of the allegation as alleged in the

          FIR, it would manifest that informant alleges that he was

          assaulted by the accused persons but then the allegation of

          assault is not specific. It is next submitted that even the injury

          suffered by the injured has been opined to the simple in nature.

          It is also submitted that petitioner is not a criminal.

                       5. Learned A.P.P. for the State and learned counsel

          appearing on behalf of the informant opposed the prayer for

          anticipatory bail of the petitioner. Learned counsel appearing on

          behalf of the informant submits that informant in his re-

          statement before the police has specifically stated that it was this

          petitioner who assaulted him causing injury on head but then

          fairly submits that the injury has been opined to be simple in

          nature on which learned counsel appearing on behalf of the

          petitioner submits that informant by way of afterthought

          subsequently took the name of the petitioner alleging that it was

          petitioner who assaulted when in the FIR the allegation of

          assault is general and omnibus in nature.

                       6. Considering the submissions made by the learned
           Patna High Court CR. MISC. No.85619 of 2025(2) dt.02-02-2026
                                                       3/3




                     counsel for the petitioner, let the petitioner above-named, in the

                     event of his arrest or surrender before the learned trial court

                     within a period of six weeks from today, be released on

                     anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees

                     Five Thousand) with two sureties of the like amount each to the

                     satisfaction of the learned trial court where the case is

                     pending/Successor Court in connection with Darbhanga Sadar

                     P.S. Case No. 290 of 2025, subject to the conditions as laid

                     down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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