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Patna High Court

Nageshwar ThakurversusThe State of Bihar

Decided
Disposal
DISPOSED

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 Petitioners No. 3 and 4 had already been arrested, so the application was withdrawn for them.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

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
                                            2/3




          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
                                                       3/3




                                  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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