Patna High Court
Ravi Thakur @ Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted as the injury was simple and the petitioners were not deemed a flight risk.
Summary
The petitioners, Ravi Thakur and Jitendra Thakur, sought anticipatory bail fearing arrest in a case (Akbarnagar P.S. Case No. 127 of 2024) involving alleged assault causing simple injury under several sections of the Bharatiya Nyaya Sanhita. The prosecution alleged they participated in the assault, while the petitioners claimed innocence and highlighted the victim's injury as simple and their clean (or minimal) criminal antecedents. The State opposed the bail, but the court noted the injury was simple and the petitioners were not likely to abscond. Accordingly, the court allowed the anticipatory bail application, directing release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the BNSS. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC and Section 482 BNSS in a case of simple injury assault.
- Whether the nature of the injury and the petitioners' criminal antecedents justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 110, 115(2), 126(2), 329(4), 3(5), 351(2), 352, 74
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- simple injury
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- bail bond
- sureties
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89434 of 2025
Arising Out of PS. Case No.-127 Year-2024 Thana- AKBARNAGAR District- Bhagalpur
======================================================
1. Ravi Thakur @ Ravi Kumar S/o Jitendra Thakur Resident of Village - Chhit
Srirampur, Kothi, P.S- Akbar Nagar, District - Bhagalpur
2. Jitendra Thakur S/o Late Bhudeo Thakur Resident of Village - Chhit
Srirampur, Kothi, P.S- Akbar Nagar, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar No.6, Advocate
For the Opposite Party/s : Mr.Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Akbarnagar P.S. Case No. 127 of 2024
registered for the offence under Sections 126(2), 115(2), 110,
74, 329(4), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, petitioners and
other FIR named accused are alleged to have assaulted the
victim causing simple injury.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. It is next submitted that
Patna High Court CR. MISC. No.89434 of 2025(2) dt.04-02-2026
2/2
injury sustained by the victim is simple in nature. Petitioner no.
1 has clean antecedent and petitioner no. 2 has got one criminal
antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners.
6. Considering the aforesaid submissions and the
fact that the injury sustained by the victim is simple in nature,
this application is allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned
A.C.J.M.- 1st, Bhagalpur/ concerned Court below in connection
with Akbarnagar P.S. Case No. 127 of 2024, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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