Patna High Court
Ajay ThakurversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied as the petitioner did not merit the privilege in view of the nature and gravity of the offences.
Summary
Ajay Thakur applied for anticipatory bail after the police raided his house in connection with a case registered under Sections 126(2), 127(2), 132, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the accused, including the petitioner, assaulted the police during the raid. The Patna High Court, after hearing counsel, held that given the nature and gravity of the offences, the petitioner was not entitled to anticipatory bail. Consequently, the application for anticipatory bail was rejected. The court directed the petitioner to surrender within two weeks and seek regular bail, failing which the police would be directed to arrest him.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged assault on police and the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 126(2), 127(2), 132, 3(5), 351(2), 352
Subjects
- anticipatory bail
- bail jurisdiction
- criminal procedure
- assault on police
- Bharatiya Nyaya Sanhita
- gravity of offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88717 of 2025
Arising Out of PS. Case No.-134 Year-2025 Thana- JAMOBAZAR District- Siwan
======================================================
Ajay Thakur S/o Shivnath Thakur R/o Village- Baldiha, P.S- Jamo Bazar,
Dist- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arbind Kumar Singh
For the Opposite Party/s : Mr. Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehend arrest in connection with
Jamo Bazar P.S. Case No. 134 of 2025 registered for offences
under Sections 126(2), 127(2), 132, 352, 351(2) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, when the police raided
the house of the petitioner, the accused persons assaulted the
police party. The petitioner is one of the accused.
4. Considering the nature and gravity of offence, this
court is of the considered opinion that the petitioner does not
deserve the privilege of anticipatory bail in the present case.
5. The application for anticipatory bail is, accordingly,
rejected.
Patna High Court CR. MISC. No.88717 of 2025(2) dt.15-01-2026
2/2
6. The petitioner is directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, if so advised, failing which the Superintendent of Police,
Siwan will take all steps for the arrest of the petitioner.
7. Let a copy of this order be communicated to the
Superintendent of Police, Siwan through FAX for its compliance
forthwith.
(Sandeep Kumar, J)
Shishir/-
U
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