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Patna High Court

Mungeshwer BindversusThe State of Bihar

Decided
Disposal
DISPOSED

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
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          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
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          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
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          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
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                      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


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