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Patna High Court

Vidyanand ThakurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

Vidyanand Thakur petitioned for bail after being implicated in an FIR alleging that he and several unknown persons assaulted an informant and his family. The FIR, filed two days after the alleged incident, charges him under multiple sections of the Bhartiya Nyaya Sanhita, 2023. The petitioner argued that the allegations are vague, no specific overt act is ascribed to him, the injuries were minor, and he has a clean antecedent. The State opposed bail, contending the seriousness of the offences. The Court, after considering the delay in filing the FIR and the lack of specific allegation against the petitioner, granted bail on the condition of surrender within eight weeks, a bail bond of Rs.10,000 with two sureties, and compliance with Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious charges under the Bhartiya Nyaya Sanhita, 2023.
  • Whether the FIR provides a specific allegation against the petitioner sufficient to deny bail.
  • Whether the two‑day delay in lodging the FIR is a ground for granting bail.
  • Whether the petitioner’s clean antecedent and the minor nature of injuries warrant bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • FIR delay
  • specific allegation
  • assault
  • Bhartiya Nyaya Sanhita
  • Section 482
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86019 of 2025
                    Arising Out of PS. Case No.-290 Year-2025 Thana- DARBHANGA SADAR District-
                                                       Darbhanga
                 ======================================================
                 Vidyanand Thakur Son of Ramesh 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, Adv.
                 For the Opposite Party/s :     Mr.Mohammed Arif, APP
                                                Mr.Saurav Anand, Adv.for Informant
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-01-2026                     Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 191(2), 190, 126(2),

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

                   Bhartiya Nyaya Sanhita, 2023.

                                3. As per prosecution case, all the F.I.R. named

                   accused persons including petitioner and 15-20 unknown

                   persons entered the house of informant and brutally assaulted

                   informant and his family members.

                                4. Learned counsel for the petitioner submits that

                   allegation of assault is general and omnibus and no specific

                   overt act has been alleged against this petitioner. F.I.R. has been

                   lodged after a delay of two days. The injuries are simple in

                   nature. Petitioner claims clean antecedent.
           Patna High Court CR. MISC. No.86019 of 2025(2) dt.07-01-2026
                                                       2/2




                                  5. Learned A.P.P. for the State has opposed the bail

                     petition.

                                  6. Considering the aforesaid facts and circumstances,

                     let the above named petitioner, in the event of arrest/surrender

                     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 learned

                     Chief Judicial Magistrate, Darbhanga in connection with Sadar

                     P.S. Case No. 290 of 2025, subject to condition as laid down

                     under Section 482 of the Bhartiya Nagrik Suraksha Sanhita,

                     2023.



                                                     (Prabhat Kumar Singh, J)
anay

U      T


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