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Patna High CourtCR. MISC./15310/2026bail granted

Dhananjay Thakur v. The State Of Bihar

2026-03-12Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15310 of 2026 Arising Out of PS. Case No.-904 Year-2025 Thana- AMARPUR District- Banka ====================================================== Dhananjay Thakur Son of Late Sarobar Thakur Resident of Village - Baidadih, P.S. - Amarpur, Dist. - Banka.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Balram Kapri, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-03-2026 Heard Mr. Balram Kapri, learned counsel for the petitioner and the State.

2. The petitioner is apprehending his arrest in connection with Amarpur P.S. Case No. 904 of 2025 for the offence under sections 126(2), 115(2), 109(1), 352, 351(2) and 3(5) of the BNS lodged on 14.12.2025 by the informant, Nandkishore Mahto.

3. As per the prosecution story, the informant alleged that firstly, the accused persons abused and later, this petitioner gave rod/sickle blow on the head causing injury. This led to the FIR.

4. Learned counsel for the petitioner submits that though allegation has been made against number of persons, specific allegation has been made that he gave blow on the head.

2/4 However, with the help of paragraph 7, he submits that the injury has been opined to be simple in nature by the Referral Hospital, Amarpur, Banka and the submission is that if the said information is found to be incorrect and if granted relief, the same may not take effect.

5. The last submission is that without accepting the allegation and/or the outcome of the present petition in view of the fact that the informant's side has alleged injuries, the petitioner on its own would like to contribute Rs. 5,000 towards the medical assistance through Demand Draft issued by the local State Bank of India/any Nationalized Bank branch to be submitted before the 'NAZARAT' of concerned Court to be handed over to the informant after checking the credentials.

6. Learned APP opposes the prayer submitting that allegation against him is of giving blow on the head.

7. Taking into account the submissions of the parties as also that a categorical submission of the learned counsel for the petitioner that the injury has been found to be simple in nature and he do not have any criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions subject to payment of Rs. 5,000/- as undertaken by the learned counsel for the petitioner to

3/4 be paid by Demand Draft of local State Bank of India branch/any Nationalized bank branch to be submitted to the Trial Court and handed over to the informant.

8. If, however, it is found that the injury is not simple, as recorded above, the bail order shall become infructuous.

9. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 904 of 2025 subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for six months to mark his

4/4 attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T