Patna High Court
Raja Thathera @ Raja Tathera @ AkashdipversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Raja Thathera and Piush Kumar, sought anticipatory bail fearing arrest in a case (PS No. 348 of 2025) alleging offences under Sections 126(2), 115(2), 109(1), 352, 351(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that the petitioners, along with others, assaulted a minor named Subham with an iron rod, causing injury. The petitioners contended they had no criminal antecedent and that the investigation report did not specifically implicate them in causing the injury. The State opposed the bail, but the Court noted the lack of a specific allegation against the petitioners and their clean record, finding no prima facie case. Consequently, the Court granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, under Section 482(2) of the BNS, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in the absence of a specific allegation against them.
- Whether the prosecution has established a prima facie case against the petitioners under the cited sections of the BNS, 2023.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal law
- clean antecedent
- prima facie case
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- Section 126
- Section 115
- Section 109
- Section 352
- Section 351
- Section 3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91992 of 2025
Arising Out of PS. Case No.-348 Year-2025 Thana- MOKAMAH District- Patna
======================================================
1. Raja Thathera @ Raja Tathera @ Akashdip Son of Late Rambali Thathera @
Ram Bali Prasad Resident of Village- Laheriya Tola, Ward No. 14, P.S.-
Mokama, District- Patna
2. Piush Kumar Son of Gopal Thathera Resident of Village- Laheriya Tola,
Ward No. 14, P.S.- Mokama, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun, Adv
For the Opposite Party/s : Mr.Renuka Ratnakar (App 125)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Mokama P.S. Case No. 348 of 2025, registered for the
offence punishable under Sections 126(2), 115(2), 109(1), 352,
351(2) & 3(5) of BNS, 2023.
3. The case of the prosecution, in short, as per the
informant is that on 26/08/2025 at 02:00 PM, Raja Tathera,
Chhotu Kumar, Plush Kumar and Kaju Tathera called her son
Subham on phone and started abusing and assaulting him with
iron md, due to which, Shivam Kumar sustained injury.
Shubham was taken to hospital, Mokama for treatment from
Patna High Court CR. MISC. No.91992 of 2025(2) dt.15-01-2026
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where he was referred to PMCH for better treatment.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. The
petitioners have no criminal antecedent. From the investigation
report and the rejection order, it is not specific that who has
given the grievous injury.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. Considering the fact that the petitioner has clean
antecedent and also given the fact that there is no specific
allegation only against the petitioner of having assaulted the son
of the informant, Subham Kumar which makes it difficult to
even prima-facie ascertain as to whether the injury sustained by
Subham Kumar is on account of assault by the petitioner or by
someone else. Under these circumstances, this Court is inclined
to grant privilege of anticipatory bail to the petitioners.
7. Let the petitioners, named above, in the event of
their arrest or surrender before the Court below within four
weeks from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Additional Chief
Judicial Magistrate-III, Barh (Patna) in connection with
Patna High Court CR. MISC. No.91992 of 2025(2) dt.15-01-2026
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Mokama P.S. Case No. 348 of 2025, subject to the conditions
laid down under section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Alok Kumar Sinha, J)
kiran/-
U T
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