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Patna High Court

Bashistha Thakur @ Ranjan Kumar ThakurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       3/3




                     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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