Patna High Court
Bashistha Thakur @ Ranjan Kumar ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to monetary and procedural conditions.
Summary
The petitioner, Bashistha Thakur, was arrested in connection with a case alleging assault, outrage of modesty, and threats under Sections 109, 115(2), 126(2), 76 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the accused assaulted the informant and her husband, causing grievous injury. The petitioner contended that he was falsely implicated due to a prior land dispute, that no specific overt act was attributed to him, and that he has no prior criminal record, having been in custody since 28‑09‑2025. The State opposed bail, while the petitioner’s counsel sought release. The High Court, after considering the lack of specific evidence against the petitioner and the length of his pre‑trial detention, granted bail on the condition of a Rs.15,000 bond with two sureties and compliance with appearance and non‑tampering conditions.
Issues considered
- What is the appropriateness of granting bail to the petitioner given the nature of the alleged offences and the circumstances of his detention?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 76
Subjects
- bail
- criminal procedure
- false implication
- assault
- outrage of modesty
- land dispute
- Bharatiya Nyaya Sanhita
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.940 of 2026
Arising Out of PS. Case No.-81 Year-2025 Thana- MANJHI District- Saran
======================================================
Bashistha Thakur @ Ranjan Kumar Thakur S/O Kedar Thakur R/O Village-
Manjhi Miyapatti, P.S.- Manjhi, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harish Kumar, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Manjhi
P.S. Case No. 81 of 2025 instituted for the offences under
Sections 109, 115(2), 126(2), 76, 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. Prosecution case, in short, is that on the alleged date
and time of occurrence, the F.I.R.-named accused allegedly
abused and assaulted the informant with farsa and rod causing
head injury, outraged her modesty and threatened to kill her. It is
further alleged that when her husband intervened, he was also
assaulted.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.940 of 2026(3) dt.23-02-2026
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petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submitted that general and
omnibus allegation has been made against the petitioner. No
specific overt act is alleged against the petitioner. There is case
and counter case between the parties. The nature of injury is
said to be grievous in nature. Learned counsel further contended
that the the petitioner is being dragged in this case merely due to
previous land dispute between the parties. It has been submitted
on behalf of the petitioner that the petitioner is in custody since
28.09.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Manjhi P.S. Case
No. 81 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
Patna High Court CR. MISC. No.940 of 2026(3) dt.23-02-2026
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the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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