Patna High Court
Nageshwar ThakurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SHAILENDRA SINGH
Holding
The Court held that anticipatory bail should be granted to petitioners 1, 2 and 5 as there is no prima facie case against them.
Summary
The petitioners, who are relatives of the co-accused Sawan Kumar Thakur, feared arrest in connection with Jhajha Police Station Case No. 508 of 2025, registered under Sections 81 and 83 of the Bharatiya Nyaya Sanhita. Petitioners No. 3 and 4 had already been arrested, so the application was withdrawn for them. The remaining petitioners (Nos. 1, 2 and 5) sought anticipatory bail, arguing that the informant’s grievance was solely against her husband and that there was no prima facie case against them. The State opposed the bail. The Court examined the facts, noted the lack of direct allegation against the petitioners, and considered the familial relationship with the co-accused, concluding that anticipatory bail was appropriate. Consequently, the Court granted anticipatory bail to petitioners 1, 2 and 5, subject to a bond of Rs. 20,000 and two sureties each, under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted to persons who are relatives of a co-accused when the FIR alleges offences under Sections 81 and 83 of the Bharatiya Nyaya Sanhita.
- Whether there is a prima facie case against the petitioners to deny anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 482(2), 81, 83
Subjects
- anticipatory bail
- criminal procedure
- Section 81 BNS
- Section 83 BNS
- Section 482(2) BNS
- relatives of accused
- FIR
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9081 of 2026
Arising Out of PS. Case No.-508 Year-2025 Thana- JHAJHA District- Jamui
======================================================
1. Nageshwar Thakur S/O Late Asho Thakur R/O Vill. Chitochak, P.S. and
P.O.- Jhajha, Dist.- Jamui, 811308, Bihar
2. Varsha Kumari D/O Nageshwar Thakur R/O Vill. Chitochak, P.S. and P.O.-
Jhajha, Dist.- Jamui, 811308, Bihar
3. Gulshan Thakur @ Gulshan Kumar S/O Nageshwar Thakur R/O Vill.
Chitochak, P.S. and P.O.- Jhajha, Dist.- Jamui, 811308, Bihar
4. Badal Thakur @ Badal Kumar S/O Nageshwar Thakur R/O Vill. Chitochak,
P.S. and P.O.- Jhajha, Dist.- Jamui, 811308, Bihar
5. Saraswati Devi W/O Nageshwar Thakur R/O Vill. Chitochak, P.S. and P.O.-
Jhajha, Dist.- Jamui, 811308, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Mani, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 25-02-2026 Heard learned counsel for the Petitioners and
learned APP for the State.
2. At the outset, it is submitted by the petitioners’
counsel that, among the petitioners, petitioner no. 3 and
petitioner no. 4 have been arrested. Therefore, the instant
application has become infructuous in respect of them, and he
seeks to withdraw the same in respect of the said petitioners.
3. Considering the aforesaid submission and prayer,
the instant application stands dismissed as withdrawn in respect
Patna High Court CR. MISC. No.9081 of 2026(2) dt.25-02-2026
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of petitioner no. 3 and petitioner no. 4.
4. The petitioners apprehend their arrest in connection
with Jhajha P.S. Case No. 508 of 2025 dated 23.10.2025
registered for the offences punishable under Sections 81 and 83
of the Bharatiya Nyaya Sanhita.
5. Mr. Rahul Mani, learned counsel appearing on
behalf of the rest of the petitioners, submits that petitioner no. 1
is the father-in-law, petitioner no. 2 is the sister-in-law, and
petitioner no. 5 is the mother-in-law of the informant. It is an
admitted position that the marriage between the informant and
the co-accused, Sawan Kumar Thakur, son of petitioner no. 1,
was the result of a love affair between the said co-accused and
the informant. The FIR clearly depicts that the main grievance
and allegation levelled by her is against her husband only, and
the alleged offences under Sections 81 and 83 of the BNS, under
which the FIR has been registered, do not even prima facie
attract against the petitioners. The allegation of physical
exploitation of the informant is against the co-accused, Sawan
Kumar Thakur, and the petitioners have been accused mainly on
account of being relatives of the said co-accused.
6. Learned APP for the State has opposed the prayer for
bail of the petitioners.
Patna High Court CR. MISC. No.9081 of 2026(2) dt.25-02-2026
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7. In the facts and circumstances of this case, and
considering the above submissions, the pleas taken by the
petitioners in their application, coupled with the fact that all the
petitioners are relatives of the co-accused, Sawan Kumar
Thakur, against whom the informant has levelled the main
allegations, in my opinion, it is a fit case for grant of
anticipatory bail to the petitioners. Accordingly, let the
petitioner nos. 1, 2 and 5 named-above, in the event of their
arrest or surrender before the learned Court below within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty
Thousand) each with two sureties of the like amount each to the
satisfaction of the Court concerned in connection with Jhajha
P.S. Case No. 508 of 2025, subject to the conditions as laid
down under Section 482(2) of the BNSS.
(Shailendra Singh, J)
maynaz/-
U T
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