Patna High Court
Mungeshwer BindversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that, in view of the omnibus allegations, absence of criminal antecedents and the simple nature of injuries, anticipatory bail should be extended to the accused except for the petitioner who withdrew his application.
Summary
The petitioners sought anticipatory bail in a case registered under Sections 126(2), 115(2), 117(2), 109, 74 and 3(5) of the B.N.S. alleging assault and outrage of modesty. Petitioner's No.1, Mungeshwar Bind, withdrew his application, leading the court to reject anticipatory bail for him. The court examined the FIR, noting that the allegations were omnibus, the accused had no criminal antecedents, and the injuries were simple. Considering these factors, the court granted anticipatory bail to petitioners No.2 to No.7 with a set of conditions, including surety, cooperation with investigation, regular court appearances, and non‑interference with witnesses. The order also stipulated bail bonds of Rs.10,000 each with two sureties and detailed compliance requirements.
Issues considered
- Whether anticipatory bail should be granted to the accused given the nature of the allegations and lack of prior criminal record
- Effect of the withdrawal of the anticipatory bail application by petitioner No.1
- Whether the simple nature of injuries and omnibus allegations justify the grant of bail
Subjects
- anticipatory bail
- Criminal Procedure Code
- Section 438
- B.N.S.
- simple injury
- omnibus allegation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16579 of 2026
Arising Out of PS. Case No.-599 Year-2025 Thana- GHOSI District- Jehanabad
======================================================
1. Mungeshwer Bind Son of Jugeshwar Bind Resident of village- Saidpur, Ps-
Ghosi, Dist- Jehanabad
2. Jugeshwar Bind son of Sakaldeep Bind Resident of village- Saidpur, Ps-
Ghosi, Dist- Jehanabad
3. Modi Bind son of Bilash Bind Resident of village- Saidpur, Ps- Ghosi, Dist-
Jehanabad
4. Raj Ballam Bind Son of Bilash Bind Resident of village- Saidpur, Ps- Ghosi,
Dist- Jehanabad
5. Ramdhar Bind Son of Bilash Bind Resident of village- Saidpur, Ps- Ghosi,
Dist- Jehanabad
6. Ganauri Bind @ Dularchand Bind son of Raj Ballam Bind Resident of
village- Saidpur, Ps- Ghosi, Dist- Jehanabad
7. Kamat Bind Son of Late Sakaldeep Bind Resident of village- Saidpur, Ps-
Ghosi, Dist- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Kumari Sujata Sinha, Advocate
: Mrs. Ragini Kumari, Advocate
: Mr. Sameer Darshan, Advocate
For the State : Mr. Shyam Kumar Singh, APP
For the Informant : Mr. Md. Irshad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 06-05-2026 Learned counsel for the petitioners prays for and is
allowed withdraw the anticipatory bail application of petitioner
no.1, Mungeshwar Bind.
2. Accordingly, the anticipatory bail of petitioner
no.1, Mungeshwar Bind stands rejected.
3. Heard Mrs. Kumari Sujata Sinha, learned counsel
Patna High Court CR. MISC. No.16579 of 2026(3) dt.06-05-2026
2/5
for the petitioners duly assisted by Mrs. Ragini Kumari and Mr.
Md. Irshad, learned counsel for the informant beside learned
APP representing the State.
4. The petitioners are apprehending their arrest in
connection with Ghosi P.S. Case No. 599 of 2025 registered for
the offence under Sections 126(2), 115(2), 117(2), 109, 74 and
3(5) of the B.N.S., lodged on 27.11.2025 by the informant,
Lakshminiya Devi.
5. As per the prosecution story, the informant alleged
that firstly petitioner no.1, Mungeshwar Bind tried to outrage
her modesty and upon raising alarm, this petitioner gave iron
rod blow causing injury to her as the family members came to
rescue, allegation of assault against others also. This led to the
F.I.R.
6. Learned counsel for the petitioners submit that a
perusal of the F.I.R. would show that though there is specific
allegation against petitioner no.1, Mungeshwar Bind, against
others, the omnibus allegation is there. Further, none have
criminal antecedent and the injury to others have been found to
be simple in nature.
7. Learned APP as also learned counsel for the
informant opposes the prayer submitting that others also took
Patna High Court CR. MISC. No.16579 of 2026(3) dt.06-05-2026
3/5
part in the role.
8. Considering the submissions of the parties as also
taking into account that omnibus allegation is there and none
have criminal antecedent, injuries have been found to be simple
in nature, in that background, this Court is inclined to extend
them the privilege of anticipatory bail.
9. Let the petitioner nos. 2, 3, 4, 5, 6 and 7 namely
Jugeshwar Bind, Modi Bind, Raj Ballam Bind, Ramadhar Bind,
Ganauri Bind @ Dularchand Bind and Kamat Bind respectively
be released on bail in the event of arrest or surrender within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten thousand) each with two sureties
of like amount each to the satisfaction of learned Judicial
Magistrate, 1st, Jehanabad, in connection with Ghosi P.S. Case
No. 599 of 2025 subject to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner nos. 2, 3, 4, 5, 6 and 7 namely
Jugeshwar Bind, Modi Bind, Raj Ballam Bind, Ramadhar Bind,
Ganauri Bind @ Dularchand Bind and Kamat Bind respectively
who shall provide official document (Aadhar Card/Voter
Id/Driving License/Pan Card) to show his/her bona fide;
(ii) the petitioner nos. 2, 3, 4, 5, 6 and 7 namely
Patna High Court CR. MISC. No.16579 of 2026(3) dt.06-05-2026
4/5
Jugeshwar Bind, Modi Bind, Raj Ballam Bind, Ramadhar Bind,
Ganauri Bind @ Dularchand Bind and Kamat Bind respectively
shall be appearing before the Police Station as and when
required for cooperating in the investigation;
(iii) the petitioner nos. 2, 3, 4, 5, 6 and 7 namely
Jugeshwar Bind, Modi Bind, Raj Ballam Bind, Ramadhar Bind,
Ganauri Bind @ Dularchand Bind and Kamat Bind respectively
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 bail bond by the Trial
Court itself;
(iv) the petitioner nos. 2, 3, 4, 5, 6 and 7 namely
Jugeshwar Bind, Modi Bind, Raj Ballam Bind, Ramadhar Bind,
Ganauri Bind @ Dularchand Bind and Kamat Bind respectively
shall appear before the concerned police station every month for
next six months to mark his attendance and at the end of the
period a certificate be submitted before the Trial Court failing
which the State shall be at liberty to take steps for cancellation
of bail bonds;
(v) the petitioner nos. 2, 3, 4, 5, 6 and 7 namely
Jugeshwar Bind, Modi Bind, Raj Ballam Bind, Ramadhar Bind,
Ganauri Bind @ Dularchand Bind and Kamat Bind respectively
Patna High Court CR. MISC. No.16579 of 2026(3) dt.06-05-2026
5/5
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;
(vi) the petitioner nos. 2, 3, 4, 5, 6 and 7 namely
Jugeshwar Bind, Modi Bind, Raj Ballam Bind, Ramadhar Bind,
Ganauri Bind @ Dularchand Bind and Kamat Bind respectively
shall desist from committing any criminal offence again, failing
which the State shall be at liberty to take steps for cancellation
of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
Checking your session…