Anil Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78194 of 2025 Arising Out of PS. Case No.-178 Year-2025 Thana- SALIMPUR District- Patna ====================================================== 1.
Anil Thakur Son of Ramaji Thakur Village -Narauli PS -Salimpur DistrictPatna 2.
Suraj Thakur son of Anil Thakur Village -Narauli PS -Salimpur DistrictPatna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :
Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 03-12-2025 Heard the learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Salimpur P.S. Case No.178 of 2025, F.I.R dated 26.06.2025 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, the informant Nagendra Kumar, alleges that on 26.06.2025 at around 3 PM, near Bijji Singh's house, the petitioners assaulted him, causing a head injury. He further states that due to earlier heated arguments between them in Patna, the petitioners intended to kill him.
4. Learned counsel for the petitioners by taking this Court to the allegations made in the F.I.R., submits that the
Patna High Court CR. MISC. No.78194 of 2025(2) dt.03-12-2025 2/3 allegations against the petitioners are general and omnibus in nature while the specific allegation of assault is made against the other members of the family, whose name has not been disclosed in the F.I.R. It has further been submitted in paragraph 7 of the anticipatory bail application that the injury inflicted upon the informant is simple in nature and the informant and petitioners are co-villagers.
5. Learned APP for the State opposes the prayer for anticipatory bail application.
6. Considering the aforesaid facts and circumstances the allegations against the petitioners are general and omnibus in nature while the specific allegation of assault is made against the other members of the family, whose name has not been disclosed in the F.I.R. and the injury inflicted upon the informant is simple in nature Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioners.
7. Let the petitioners, above named, in the event of his/her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-I, Barh, Patna, in connection
Patna High Court CR. MISC. No.78194 of 2025(2) dt.03-12-2025 3/3 with Salimpur P.S. Case No.178 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;
(ii) the petitioner(s) 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/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) 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;
(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) sharun/- U T