Patna High Court
Mahesh ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners subject to the stipulated conditions.
Summary
The petitioners, five residents of Sonaul Sultan village, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita relating to waging war against the state, unlawful assembly, assault on police and other offences. The FIR alleged that during the immersion of goddess Durga, antisocial elements were fighting, the police intervened, and the accused assaulted the police, with identification made by a chowkidar. The petitioners contended they have clean antecedents, were merely present as nearby residents, and were not involved in the alleged assault. The State opposed the bail application. The court, after considering the submissions, granted anticipatory bail subject to a bail bond of Rs.10,000 each with two sureties and a six‑week surrender condition, invoking Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita despite the serious charges in the FIR.
- Whether the allegations of assault on police and other offences constitute sufficient ground to deny anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(2), 115(2), 121(1), 121(2), 126(2), 127(2), 132, 190, 191(1), 191(3), 324(3), 324(6), 351(3), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- clean antecedent
- police assault
- Durga immersion
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87817 of 2025
Arising Out of PS. Case No.-128 Year-2025 Thana- PURNAHYA District- Sheohar
======================================================
1. Mahesh Thakur S/o- Upendra Thakur Resident of Village - Sonaul Sultan,
(Parsauni Gop), P.S.- Purnahiya, Dist - Sheohar
2. Rajiv Ram S/o- Mahendra Ram Resident of Village- Sonaul Sultan,
(Parsauni Gop), P.S.- Purnahiya, Dist- Sheohar
3. Karan Ram @ Karan Kumar S/o- Indal Ram Resident of Village- Sonaul
Sultan, (Parsauni Gop), P.S.- Purnahiya, Dist- Sheohar
4. Vinod Ram S/o- Dipa Ram Resident of Village- Sonaul Sultan, (Parsauni
Gop), P.S.- Purnahiya, Dist- Sheohar
5. Vishwanath Ram S/o- Dhyani Ram Resident of Village- Sonaul Sultan,
(Parsauni Gop), P.S.- Purnahiya, Dist- Sheohar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha
For the Opposite Party/s : Mr.Akshay Lal Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 121(1),
121(2), 126(2), 127(2), 115(2), 109(2), 324(3), 324(6), 190,
191(1), 191(3), 352, 351(3) and 132 of the Bharatiya Nyaya
Sanhita.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and it is alleged
Patna High Court CR. MISC. No.87817 of 2025(2) dt.22-01-2026
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that during the course of emersion of goddess Durga, an
information was received by the informant that some antisocial
elements were fighting among themselves, accordingly the
police reached the place of occurrence, when it is alleged that
accused persons assaulted the police force and were identified
by the chowkidar.
4. Learned counsel for the petitioner submits that
from perusal of the allegations as alleged in the FIR, it would
manifest that allegation of assault is general and omnibus in
nature. It is further submitted that no doubt a ruckus was created
and since petitioners are also resident of nearby place as such
they also came to the place of occurrence when they came to be
implicated. It is submitted that petitioners are not criminals.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned trial court where
Patna High Court CR. MISC. No.87817 of 2025(2) dt.22-01-2026
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the case is pending/successor court in connection with
Purnahiya P.S. Case No. 128 of 2025, subject to the conditions
as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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