Patna High Court
Durgesh Bind @ Durgesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Durgesh Bind was arrested on 6 October 2025 in connection with a murder case (FIR dated 9 April 2025) under Sections 103(1) and 3(5) of the B.N.S., 2023. He filed a bail application asserting that the FIR was fabricated, the informant was not an eye‑witness and no material linked him to the crime. The State opposed bail, pointing to his inclusion in the FIR and a pending criminal case. The court examined the petition, noting the petitioner’s claim of innocence, the absence of evidence of tampering or flight risk, and that he was already on bail in another matter. Consequently, the court ordered his release on bail upon furnishing a Rs 10,000 bond with two sureties, subject to conditions of cooperation, non‑tampering with evidence or witnesses, and verification of his criminal antecedents, with provision for cancellation on non‑compliance.
Issues considered
- Whether bail should be granted to the accused in a murder case under Sections 103(1) and 3(5) of the B.N.S., 2023.
- Whether the allegations in the FIR constitute sufficient ground to deny bail.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- B.N.S., 2023 — s. 103(1), 3(5)
Subjects
- bail
- murder
- B.N.S. 2023
- false FIR
- surety
- conditions of bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10753 of 2026
Arising Out of PS. Case No.-281 Year-2025 Thana- JAHANABAD District- Jehanabad
======================================================
Durgesh Bind @ Durgesh Kumar S/o Satendra Bind @ Satyendra Vind @
Satyendra Bind Resident of village- Parashurampur @ Pasurampur, P.S.-
Jehanabad (Kalpa), Distt.- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Raju Kumar, Advocate
For the State : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 02-04-2026 Heard Mr. Raju Kumar, learned counsel for the
petitioner and Mr. Bhanu Pratap Singh, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
06.10.2025, in connection with Jehanabad (Kalpa) P.S. Case No.
281 of 2025, F.I.R. dated 09.04.2025 registered for the offences
punishable under Sections 103(1) and 3(5) of the B.N.S., 2023.
3. Allegation against the petitioner is that he along
with other co-accused persons have committed the murder of
the informant’s husband, namely, Shailesh Bind.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the allegation as alleged in
Patna High Court CR. MISC. No.10753 of 2026(3) dt.02-04-2026
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the F.I.R. is false and fabricated and the petitioner has not
commited any offence as alleged in the F.I.R. He further
submits that from perusal of the F.I.R. it appears that the
informant is not an eye witness to the alleged occurrence and
she has made accused to the petitioner merely on the basis of
suspicion and except the suspicion, no other cogent material has
come during investigation to suggest the involvement of the
petitioner in the present occurrence. He further submits that the
police after investigation submitted chargesheet against the
petitioner and the petitioner is in custody since 06.10.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner is named in the F.I.R.
and apart from that the petitioner carries one more case other
than the present one but fairly submits on the basis of
paragraph-3 of the bail petition that the petitioner is on bail in
the pending matter.
6. Considering the facts and circumstances of the
case, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Jehanabad in connection
Patna High Court CR. MISC. No.10753 of 2026(3) dt.02-04-2026
3/3
with Jehanabad (Kalpa) P.S. Case No. 281 of 2025, subject to
the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, 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.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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