Krishna Kumar Thakur @ Krishna Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36086 of 2025 Arising Out of PS. Case No.-488 Year-2024 Thana- RAJGIR District- Nalanda ====================================================== 1.
Krishna Kumar Thakur @ Krishna Thakur S/o- Vijaykant Thakur Resident of village-Majhaura, Post office-Bahera, Majhaura, District-Darbhanga 2.
Abhishek Kumar Jha @ Abhishek Sir S/o- Narendra Kumar Jha VillageW.No-45, Balbadarpur Navtol Po- Baldadarpur Ps- Laherisarai DistDarbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aklavya Chandan Kumar, Advocate For the Opposite Party/s :
Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-06-2025 Heard Mr. Aklavya Chandan Kumar, learned counsel appearing on behalf of the petitioners and Ms. Rita Verma, learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in connection with Rajgir P.S. Case No. 488 of 2024 registered under Sections 318(4), 127(2), 111(3), 111(4), 351(2), 61(2), 3(5), 316(2), of the Bharatiya Nyaya Sanhita (BNS), 2023.
3. As per the allegation made in the FIR, the petitioners, along with other accused, kept hostage of persons of different districts in Babloo Sao lodge, by luring them to provide job in the name of network marketing.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.36086 of 2025(2) dt.25-06-2025 2/3 petitioners contended that the informant is the S.H.O. of Rajgir P.S. and all the persons, who are said to be hostage, were working in a marketing company and only with a view to pressurize the company and extort some money, the present FIR was lodged. The petitioners are poor persons, who are working for M.R. Marsh Rebulesh Marketing Company and there is no allegation that they have ever been found indulged in cheating any person. Moreover, from the FIR and the order impugned it appear that the statements of all the seventy-nine persons were video-graphed, but none of them have whispered about the complicity of the petitioners in crime nor any incriminating material has been discovered from the whereabout of the petitioners. The petitioners are having clean antecedent. On these grounds, the petitioners seek to be released on bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf of the parties, as well as, the fact that the victims have neither stated anything about the petitioners, nor any incriminating material has been recovered from the place of occurrence, the petitioners are having clean antecedent, I am of the opinion that the petitioners have, prima facie, made out a case to be released
Patna High Court CR. MISC. No.36086 of 2025(2) dt.25-06-2025 3/3 on pre-arrest bail.
7. The learned District Court is directed to release the petitioners on anticipatory bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of learned District and Sessions Judge-III, Nalanda at Bihar Sharif in connection with Rajgir P.S. Case No. 488 of 2024, subject to the condition as laid down under Section 482(2) of the B.N.S.S.
8. The learned District Court is directed to verify the criminal antecedent of the petitioners, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T