Patna High Court
Vidyanand ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bhartiya Nagrik Suraksha Sanhita — s. 482
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 126(2), 190, 191(2), 303(2), 329(4), 351, 352, 74
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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