Patna High Court
Sakaldeo BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners subject to a monetary bond and specific conditions, finding that the circumstances warranted release pending trial.
Summary
The petitioners, Sakaldeo Bind and Sanjay Kumar, were arrested on 21 January 2026 in connection with a case of assault alleged to have been committed on 10 March 2025, wherein they reportedly attacked an informant and his family with an iron rod, causing grievous injuries. They sought bail, claiming innocence and asserting that the incident arose from a petty dispute and that there was no intention to kill. The State opposed bail, emphasizing the seriousness of the injuries and the specific allegations against the petitioners, and noted that the petitioners were already on bail in another pending matter. The petitioners' counsel highlighted that co‑accused had previously been granted anticipatory bail in a related case (Cr. Misc. No. 52079 of 2025). After considering the facts, the court decided to grant bail to each petitioner on a bond of Rs 10,000 with two sureties, subject to strict conditions regarding attendance, non‑tampering with evidence, and verification of criminal antecedents. The order directed that the bail bond be accepted without delay for verification purposes. The bail was conditioned on compliance, and any breach could lead to cancellation.
Issues considered
- What is the appropriate exercise of discretion by the court in granting bail to accused persons charged with offences involving grievous injury?
- Do the circumstances of the case, including prior anticipatory bail for co‑accused and the nature of the alleged assault, justify the grant of bail?
- Are the conditions imposed by the court sufficient to safeguard the trial process and prevent tampering with evidence or witnesses?
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 303(2), 351(2), 352, 74
Subjects
- bail
- assault
- grievous injury
- anticipatory bail
- criminal procedure
- Indian Penal Code
- conditions of bail
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23487 of 2026
Arising Out of PS. Case No.-33 Year-2025 Thana- BATH District- Bhagalpur
======================================================
1. Sakaldeo Bind S/o Chaturgun Bind R/o vill- English Ratanpur, PS- Bath,
Dist- Bhagalpur
2. Sanjay Kumar @ Sanjay Bind @ Deepak Kumar Bind S/o Sakaldeo Bind
R/o vill- English Ratanpur, PS- Bath, Dist- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Indeshwari Prasad Mandal, Advocate
For the Informant : Mr. Vivekanand Vivek, Advocate
For the State : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-04-2026 Heard Mr. Indeshwari Prasad Mandal, learned
counsel for the petitioner, Mr. Vivekanand Vivek, learned
counsel for the Informant and Mr. Tapeshwar Sharma, learned
APP for the State.
2. Petitioner seeks bail, who is in custody since
21.01.2026, in connection with Bath P.S. Case No. 33 of 2025,
F.I.R. dated 10.03.2025 registered for the offences punishable
under Sections 191(2), 191(3), 190, 126(2), 115(2), 74, 109,
303(2), 352 and 351(2) of the B.N.S.
3. Allegation against the petitioners is that they along
with other co-accused persons have assaulted the informant, her
son, daughter and father-in-law by means of iron rod and stick
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due to which they sustained head injuries and became
unconscious.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
the present case. He further submits that due to some petty
dispute the present occurrence had taken place and there is case
and counter case between the parties. Although there is specific
allegation against the petitioners that they have assaulted to the
informant and his family members and some of the persons have
received injury but the injury report suggests that the injuries are
grievous in nature. Learned counsel for the petitioner further
submits that there was no intention to kill anyone and due to
spur moment the present occurrence had taken place. He further
submits that co-accused persons, namely, Sakaldeo Bind,
Sanjay Kumar and Akshay Kumar have been granted the
privilege of anticipatory bail by this Court vide order dated
21.08.2025 passed in Cr. Misc. No. 52079 of 2025 and the
petitioners are in custody since 21.01.2026.
5. Learned counsel for the Informant as well as
learned Additional Public Prosecutor for the State, on the other
hand, vehemently opposed the prayer for bail of the petitioners
and submits that the injury inflicted upon the injured persons are
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grievous in nature and there is direct and specific allegation
against these petitioners. Further submits that the petitioners
carries one more case other than the present one but fairly
submits on the basis of paragraph-3 of the bail petition that the
petitioners are on bail in the pending matter.
6. Considering the facts and circumstances of the
case, let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned Judicial Magistrate F.C., Bhagalpur in connection
with Bath P.S. Case No. 33 of 2025, subject to the following
conditions :-
(1) Petitioners 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 their absence on two consecutive dates without
sufficient reason, their bail bonds shall be cancelled by the
Court below.
(2) If the petitioners tamper 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
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verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. 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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