Patna High Court
Dilip BindversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court refused to grant anticipatory bail to the petitioner.
Summary
The petitioner, Dilip Bind, applied for anticipatory bail fearing arrest in a case (PS 726/2024) alleging offences under several sections of the Indian Penal Code, including assault, grievous hurt and criminal conspiracy. The prosecution alleges that the petitioner, along with others, assaulted the son of an informant with a lathi, danda and a sharp weapon, resulting in fatal head injuries to the deceased as shown by the post‑mortem report. The petitioner argued that the allegations were vague and that he was also an informant in a counter‑case, seeking relief on that basis. The State opposed bail, highlighting the severity of the injuries—multiple stitched head wounds, forearm injuries, bruises and dislocated wrist—concluding that the death was caused by head injury. After considering the facts and the seriousness of the offences, the court declined to grant anticipatory bail, directing the petitioner to seek regular bail before the trial court if desired.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the seriousness of the offences and the evidence of fatal injuries.
- Whether the alleged general and omnibus nature of the accusations bars the grant of anticipatory bail.
Legislation cited
- Indian Penal Code — s. 103(1), 109, 115(2), 126(2), 190, 191(2), 351(2), 352
Subjects
- anticipatory bail
- Indian Penal Code
- assault
- grievous hurt
- post‑mortem report
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13769 of 2026
Arising Out of PS. Case No.-726 Year-2024 Thana- GAURICHAK District- Patna
======================================================
Dilip Bind Son of Late Suresh Bind R/o Village - Baluachak, P.S. -
Gaurichak, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 10-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Gaurichak P.S. Case No. 726 of 2024 instituted
for the offence under Sections 191(2), 190, 126(2), 115(2), 109,
352, 351(2), 103(1) of the BNS.
3. The case of the prosecution, in short, is that the
petitioner along with others have assaulted the son of the
informant with lathi, danda and sharp cutting weapon.
4. Learned counsel for the petitioner has submitted
that the nature of allegation is general and omnibus. It has
further been submitted that there is also a counter version of this
case and Dilip Bind(petitioner) has been made accused in this
case as he is informant in that case.
Patna High Court CR. MISC. No.13769 of 2026(3) dt.10-04-2026
2/3
5. Countering this Learned APP for the State has
vehemently opposed the bail of the petitioner and has submitted
that from perusal of the post-mortem report it will transpire that
the deceased has following ante-mortem injuries:-
(i) 03 stitched wound in different direction in
length of longest one was 04 cm. These were
situated on top portion of head.
(ii) Stitched wound on left forearm on outer
aspect of length-10 cm.
(iii) Bruise of muscle of whole length of right
arm.
(iv) Right wrist bones were dislocated.
The Doctor conducting autopsy of the deceased has opined
that cause of death is head injury.
6. From perusal of the post-mortem report it is clear
that the deceased was having three stitched wounds on head. It
means that he has received three head injuries. From perusal of
the FIR and post-mortem report it is clear that the deceased was
brutally assaulted.
7. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, I am not
inclined to grant anticipatory bail to the petitioner. As such, his
prayer for bail stands rejected.
Patna High Court CR. MISC. No.13769 of 2026(3) dt.10-04-2026
3/3
8. However, the petitioner may pray for regular bail in
the learned trial court and learned trial court may consider the
same without being prejudiced of the order of this Court.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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