Krishna Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32525 of 2026 Arising Out of PS. Case No.-15 Year-2026 Thana- Bahoranpur District- Bhojpur ====================================================== 1.

Krishna Thakur, S/o Hare Ram Thakur, 2.

Vishal Thakur, S/o Hare Ram Thakur Both are R/o Village- Goura, PS- Bahoranpur, District- Bhojpur ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-07-2026 The present petition is preferred for anticipatory bail by both accused/petitioners, who are apprehending their arrest in connection with Bahoranpur P.S. Case No.15 of 2026 registered under Sections 352, 351(2), 109 read with 3(5) of the Bharatiya Nyay Sanhita, 2023 as well as Section 27 of the Arms Act.

2. During the course of argument, it transpires that both these petitioners were arrested during the course of investigation and were produced before the learned Jurisdictional Magistrate on the same day of the occurrence i.e. on 05.03.2026 in terms of paragraph nos. 24, 25 and 26 of the case diary and, thereafter, they were released on PR bond by the learned trial court at the time of production,

Patna High Court CR. MISC. No.32525 of 2026(3) dt.20-07-2026 2/2 which indicates categorically that both petitioners were arrested on 05.03.2026 in connection with present case. It further appears that petitioners have filed their surrendercum-bail petition before the learned trial court on 09.03.2026, wherein the PR bond of the petitioners were extended for further time period. However, in the meantime, learned trial court issued non-bailable warrant.

3. It is true that apprehension of arrest is the key element for anticipatory bail. As both the petitioners/accused have already arrested in connection with present case, there is no occasion to entertain the present prayer of anticipatory bail.

4. However, both petitioners are at liberty to challenge the impugned order under appropriate captions.

5. With aforesaid, the present petition stands disposed of, however, with aforesaid liberty. (Chandra Shekhar Jha, J.) Sanjeet/- U T