Kamlesh Thakur Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Kamlesh Thakur Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all four petitioners: upon arrest/surrender before the court below within eight weeks, they are to be enlarged on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate, Vaishali at Hajipur, in connection with Vaishali Belsar P.S. Case No. 228 of 2025, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioners, who apprehend arrest in Vaishali Belsar P.S. Case No. 228 of 2025 registered for offences punishable under Sections 137(2), 87, 115(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, are entitled to anticipatory bail.

Court's answer

Anticipatory bail is allowed: considering the nature of accusation and the clean antecedent of the petitioners, they are to be enlarged on bail upon arrest/surrender before the court below within eight weeks, on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate, Vaishali at Hajipur, in connection with Vaishali Belsar P.S. Case No. 228 of 2025.

Ratio / Principle

The enlargement on bail is made subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail allowed (Patna High Court, Prabhat Kumar Singh, J., 20-02-2026) in CRIMINAL MISCELLANEOUS No.83709 of 2025 arising out of Vaishali Belsar P.S. Case No. 228 of 2025, registered for offences punishable under Sections 137(2), 87, 115(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita. FIR alleges kidnapping of the informant's daughter by co-accused Abhinash Kumar after she failed to return from coaching class; defence submitted no specific overt act was attributed to the petitioners. Considering the nature of accusation and the petitioners' clean antecedent, the Court directed that the petitioners, on arrest/surrender within eight weeks, be enlarged on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Vaishali at Hajipur, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83709 of 2025

Arising Out of PS. Case No.-228 Year-2025 Thana- VAISHALI District- Vaishali

======================================================

Kamlesh Thakur S/o Bashisth Thakur R/o vill-Nagawa, P.S- Vaishali, DisttVaishali

Papu Thakur S/o Bashisth Thakur R/o vill-Nagawa, P.S- Vaishali, DisttVaishali

Bimlesh Thakur S/o Bashisth Thakur R/o vill-Nagawa, P.S- Vaishali, DisttVaishali

Bashisth Thakur S/o Bhikhari Thakur R/o vill-Nagawa, P.S- Vaishali, DisttVaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Parmod Ban Bihari Singh, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 20-02-2026 Heard learned counsel for the petitioners and the

State.

Petitioners apprehend arrest in a case registered for the offences punishable under Sections 137(2), 87, 115(2), 351(2), 3(5) of the Bharatiya Nyaya Sanhita.

As per F.I.R., on the alleged date and time, daughter of the informant went to attend coaching class but did not return till 6 PM. Upon search, informant came to know that her daughter was kidnapped by co-accused Abhinash Kumar and when she went at the house of Abhinash Kumar, his family

Patna High Court CR. MISC. No.83709 of 2025(3) dt.20-02-2026 2/3

members abused her.

Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Specific accusation of kidnapping the daughter of informant is against co-accused Abhinash Kumar and there is no allegation of any specific overt act against these petitioners. As a matter of fact, there was love affair between Abhinash Kumar and the daughter of informant and both of them solemnized marriage and are living together as husband and wife and in this regard, a compromise petition has also been filed by the informant. Petitioners claim clean antecedent.

Learned A.P.P. for the State vehemently opposed the bail application.

Considering nature of accusation and clean antecedent of petitioners, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali Belsar P. S. Case No. 228 of 2025, subject to condition as laid down under

Patna High Court CR. MISC. No.83709 of 2025(3) dt.20-02-2026 3/3

Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

(Prabhat Kumar Singh, J)

Navya/-

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