Patna High Court
Avnish Thakur @ Nanhak Thakur @ Awnish @ AynishversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court held that anticipatory bail should be granted as the injury does not corroborate the petitioner's complicity and he has a clean antecedent.
Summary
Avnish Thakur was accused in a FIR for assaulting an informant with an axe and knife during a land dispute. The petitioner sought anticipatory bail, arguing he had a clean antecedent and that the alleged injury did not match the evidence. The State opposed, contending the injury warranted denial of bail. The court examined the nature of the injury, the petitioner’s clean record, and the lack of corroborative evidence linking him to the assault. Finding that the prima facie evidence did not establish his complicity, the court granted anticipatory bail with strict conditions, including a bond, sureties, and compliance with Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged assault.
- Whether the nature of the injury and the petitioner’s antecedents justify denial of bail.
Subjects
- anticipatory bail
- assault
- land dispute
- clean antecedent
- Section 482
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90353 of 2025
Arising Out of PS. Case No.-92 Year-2025 Thana- PHENHARA District- East Champaran
======================================================
Avnish Thakur @ Nanhak Thakur @ Awnish @ Aynish S/o Vishwanath
Thakur @ Vishavnath Thakur Resident of Village - Phulwariya, Ward no. 8,
P.S - Phenhara, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Rathore @ Kundan Kumar, Adv.
For the Opposite Party/s : Mr.Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending his arrest in
connection with Phenhara P.S. Case No. 92 of 2025 for the
offence punishable under sections 126(2), 115(2), 118(1),
117(2), 109(1), 352, 351(1), 3(5) of the BNS lodged on
07.05.2025 by the informant.
3. As per the prosecution case, the allegation against
the petitioner is that he along with other accused persons came
on two motorcycles to the door of informant and started abusing
him as well as assaulted him by means of axe on his head and
the petitioner is further alleged to attack the informant by means
of knife causing injury to his arm. On hearing his cries, his son,
namely, Ankit came to rescue the informant, he was also
assaulted by the accused persons. After intervention of villagers,
Patna High Court CR. MISC. No.90353 of 2025(2) dt.15-01-2026
2/3
they fled away leaving their one of the Bullet Motorcycle.
Accordingly, the FIR.
4. Learned counsel for the petitioners submits that
both the parties are agnates and there is an old land dispute
between the parties. From the First Information Report itself, it
is evident that this petitioner was having knife in his hand with
which he is alleged to have inflicted injury on the neck of the
informant which is not supported with the injury as recorded in
the impugned order. Petitioner has got clean antecedent and the
said incident has taken place due to old land dispute.
5. Learned APP opposes the prayer for anticipatory
bail by submitting that since the injury is there, the petitioner
does not deserve the privilege of anticipatory bail.
6. Considering the nature of injury which prima facie
does not corroborate the complicity of this petitioner and he has
got clean antecedent, this Court is inclined to extend him the
privilege of anticipatory bail.
7. Let the petitioner, above named, be released on
bail in the event of arrest or surrender within a period of four
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten thousand) with two sureties of like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.90353 of 2025(2) dt.15-01-2026
3/3
East Champaran, Motihari/the court concerned in connection
with aforesaid PS Case, subject to the conditions as laid down
under Section 482(2) of the BNSS as well as the following
conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his/their bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his/their bail
bonds.
(Ajit Kumar, J)
perwez
U T
Checking your session…