Patna High Court
Akhilesh Kumar Thakur @ Mantoo ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail must be granted in view of the exonerating final report and the settlement between the parties.
Summary
The petitioner, Akhilesh Kumar Thakur, feared arrest in a 2016 case (PS No.46) involving multiple IPC offences (Sections 448, 341, 326, 307, 379, 506/34) and Section 27 of the Arms Act. He claimed innocence, stating that the dispute had been settled as the parties are agnates. The informant supported his claim, and the investigation’s final report exonerated the petitioner, although cognizance had already been taken. The court examined whether anticipatory bail could be granted despite the pending cognizance. Finding the final report persuasive and noting the settlement, the court allowed the anticipatory bail application, directing the petitioner to furnish bail bonds of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted when the investigation’s final report exonerates the accused.
- Whether cognizance can be sustained despite an exonerating final report.
- Whether the conditions of Section 482(2) of the CrPC are satisfied for granting anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 307, 326, 341, 379, 448, 506/34
Subjects
- anticipatory bail
- Indian Penal Code
- Arms Act
- Section 482 CrPC
- exonerating report
- settlement
- agnates
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90836 of 2025
Arising Out of PS. Case No.-46 Year-2016 Thana- BRAHMPUR District- Buxar
======================================================
Akhilesh Kumar Thakur @ Mantoo Thakur S/o- Dharamraj Thakur @
Dharmraj Thakur Resident of village- Diya Parmeshwar PS- Krishnabrahm
District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Pradhan
For the Opposite Party/s : Mr. Ashok Kumar Singh
Mr. Shreekant Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard the learned counsel for the petitioner, learned
APP for the State and the learned counsel for the informant.
2. The petitioner apprehends arrest in connection with
Brahampur (Krishnabrahm) P.S. Case No. 46 of 2016 registered
for offences under Sections 448, 341,326, 307, 379, 506/34 of
the Indian Penal Code and Section 27 of the Arms Act.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that the parties have settled their dispute as
they are agnates.
5. Learned counsel for the informant, Mr. Shreekant
Pandey supports the contention of the learned counsel for the
petitioner.
Patna High Court CR. MISC. No.90836 of 2025(2) dt.28-01-2026
2/2
6. Though the allegation against the petitioner is of
firing but after the investigation, final form was submitted
exonerating the petitioner. The cognizance has been taken
differing with the final form.
7. In view of the above, this application for
anticipatory bail stands allowed.
8. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, Buxar/concerned Court below in connection with
Brahampur (Krishnabrhm) P.S. Case No. 46 of 2016 subject to
the conditions as laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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