Patna High Court
Pawan BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail may be granted despite the general nature of the allegations, subject to verification of the petitioner’s clean antecedent and posting of the prescribed bail bond and sureties.
Summary
Pawan Bind was arrested in connection with PS Nayaram Nagar Case No 97 of 2025 for alleged assault offences under several sections of the Bharatiya Nyaya Sanhita, 2023. He has been in custody since 19 January 2026 and claims innocence, asserting that the allegations are vague, general and omnibus. The State opposed his regular bail application, while the petitioner’s counsel argued that he has a clean antecedent and that the charges lack specificity. The Court, noting the general nature of the accusations and the petitioner’s clean record, allowed the bail application subject to a bail bond of Rs 10,000 and two sureties, with a condition that the lower court verify his clean antecedent before accepting the bond. The order expressly states that the observations are prima facie and do not prejudice the trial. The bail was therefore granted on the stipulated conditions.
Issues considered
- Whether regular bail can be granted when the allegations against the accused are general and omnibus in nature
- Whether the petitioner’s claim of a clean antecedent suffices for bail without detailed verification at the time of grant
- Whether the imposition of a bail bond of Rs 10,000 with two sureties is appropriate under the Bharatiya Nyaya Sanhita
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 3(5), 351, 352
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- clean antecedent
- general allegations
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19828 of 2026
Arising Out of PS. Case No.-97 Year-2025 Thana- NAYA RAM NAGAR District- Munger
======================================================
Pawan Bind S/o Late Vishnudeo Bind @ Late Bisun Bind @ Late Bisun Deo
Bind R/o Village - Raghunath Singh Tola, Patam,P.S - Nayaram Nagar,
District - Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Saurabh
For the Opposite Party/s : Mr. Mohammad Sufyan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Nayaram Nagar P.S. Case No. 97 of 2025 registered for the
offence under Section(s) 126(2), 115(2), 117(2), 352, 351, 109
and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of assaulting the victim.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 19.01.2026 and claims clean
antecedent. It is further submitted that the allegations against the
petitioner are general and omnibus in nature, and no specific
Patna High Court CR. MISC. No.19828 of 2026(2) dt.31-03-2026
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allegation of assault has been attributed to the petitioner.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the facts and circumstances of the
case, and the fact that the allegations against the petitioner are
general and omnibus in nature, this application for regular bail
is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Nayaram Nagar
P.S. Case No. 97 of 2025 subject to condition that:-
(i). At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below. However, it is made clear that
the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed
for purpose of or in the name of verification.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
Patna High Court CR. MISC. No.19828 of 2026(2) dt.31-03-2026
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shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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