Patna High Court

Manmohan ThakurversusThe State of Bihar

Decided: 9 February 2026
Disposal: DISPOSED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail may be granted where the accused has no serious criminal antecedents and the allegations are not grave, but it must be denied where the accused has multiple prior convictions.

Summary

Manmohan Thakur and Sedullah Mian were charged under several provisions of the Bharatiya Nyaya Sanhita for allegedly assaulting an informant and his family. Both petitioners applied for anticipatory bail, claiming innocence and arguing that the assault allegations were vague. The informant opposed the bail, highlighting that petitioner No.1 had two prior convictions and petitioner No.2 had five. The court held that the multiple criminal antecedents of petitioner No.2 justified refusing anticipatory bail, but granted anticipatory bail to petitioner No.1 subject to a bail‑bond of Rs.10,000 with two sureties and conditions under Section 482(2) BNSS. The order directed that if petitioner No.1 is arrested within eight weeks, he be released on bail on compliance with the stipulated conditions.

Issues considered

Whether anticipatory bail can be granted to petitioner No.1 despite the assault allegations under the Bharatiya Nyaya Sanhita.
Whether petitioner No.2’s five prior criminal convictions preclude the grant of anticipatory bail.
Whether Section 482(2) of the Bharatiya Nyaya Sanhita permits the court to impose bail conditions in this case.

Legislation cited

Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 3(5), 351(3), 352, 482(2)

Subjects

anticipatory bail
Bharatiya Nyaya Sanhita
criminal antecedents
assault
Section 482
bail conditions
West Champaran

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85711 of 2025
                 Arising Out of PS. Case No.-413 Year-2025 Thana- MAJHAULIA District- West Champaran
                 ======================================================
           1.     Manmohan Thakur son of Rameshwar Thakur Resident of Village- Parsa
                  Babu Tola, Ps-Majhauliya Distt -West Champaran
           2.    Sedullah Mian @ Sipahi Mian @ Saidullah Mian Son of Ibrahim Mian
                 Resident of Village- Parsa Dumariya , Ps-Majhauliya Distt -West
                 Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Khushi Awadh, Advocate
                 For the Opposite Party/s :      Mr. Mohammad Sufyan, A.P.P.
                 For the Informant        :      Mr. Shashank Shekhar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel for the petitioners, informant

                   and the State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 126(2), 115(2), 109(1),

                   352, 351(3), 3(5) of the Bharatiya Nyaya Sanhita.

                                3. As per prosecution case, these petitioners along

                   with other F.I.R. named accused persons assaulted informant

                   and his family members by means of lathi, danda, iron rod as a

                   result of which they sustained injuries.

                                4. Learned counsel appearing for the petitioners are

                   innocent and have committed no offence. Allegation of assault

                   is general and omnibus. Injuries, allegedly, caused by these
              Patna High Court CR. MISC. No.85711 of 2025(2) dt.09-02-2026
                                                          2/2




                        petitioners are simple in nature.

                                     5. Learned counsel for the informant opposed the bail

                        application and submits that petitioner no. 1 has got two

                        criminal antecedents and petitioner no. 2 has got five criminal

                        antecedents.

                                     6. In view of the fact that petitioner no. 2 has got five

                        criminal antecedents, prayer for anticipatory bail of

                        petitioner No. 2 is refused.

                                     7. However, considering the nature of accusation and

                        injury anticipatory bail with regard to petitioner No. 1 is

                        allowed and it is ordered that the above named petitioner No. 1

                        in the event of his 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) with two

                        sureties of the like amount each to the satisfaction of Chief

                        Judicial Magistrate, West Champaran, Bettiah in connection

                        with Majhauliya (Majhaulia) P. S. Case No. 413 of 2025, subject

                        to condition as laid down under Section 482(2) BNSS.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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