Patna High Court
Bashishth Thakur @ Heera ThakurversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied because the offences alleged are of a serious nature warranting arrest.
Summary
The petitioner, Bashishth Thakur, applied for anticipatory bail fearing arrest in a criminal case (PS Case No. 209 of 2025) involving offences under Sections 126(2), 115(2), 109, 329(4), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner assaulted the victim, causing grievous injury. The primary issue was whether the seriousness and nature of the alleged offences warranted the grant of anticipatory bail. The Court, after hearing counsel, held that the gravity of the offences precluded the privilege of anticipatory bail. Consequently, the application for anticipatory bail was rejected and the petitioner was directed to surrender within two weeks to seek regular bail. The order was limited to the present application and did not prejudice any future proceedings.
Issues considered
- Whether anticipatory bail should be granted in a case involving offences under Sections 126(2), 115(2), 109, 329(4), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 329(4), 3(5), 352
Subjects
- anticipatory bail
- criminal procedure
- serious offences
- Bharatiya Nyaya Sanhita
- bail
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91110 of 2025
Arising Out of PS. Case No.-209 Year-2025 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Bashishth Thakur @ Heera Thakur S/O Late Ram Chandra Thakur @
Ramchandra Thakur R/O Vill.- Telharakala, P.s.-Kundwachainpur, Dist.- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Girish Chandra Jha
For the Opposite Party/s : Ms. Sangeeta Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 18-03-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Kundwachainpur P.S. Case No. 209 of 2025 registered for
offences under Sections 126(2), 115(2), 109, 329(4), 352, 3(5)
of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is alleged
to have assaulted the victim causing grievous injury.
4. Considering the nature and the gravity of the
offence, this Court is not inclined to grant the privilege of
anticipatory bail to the petitioner in the present case.
5. Accordingly, the application for anticipatory bail is
hereby rejected.
Patna High Court CR. MISC. No.91110 of 2025(4) dt.18-03-2026
2/2
6. The petitioner is directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, failing which the Superintendent of Police, East
Champaran, Motihari will take all steps for the arrest of the
petitioner.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
8. Let a copy of this order be communicated to the
Superintendent of Police, East Champaran, Motihari through
FAX for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U
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