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Patna High Court

Hariya Bind @ Haribol @ Haribol KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is allowed.

Summary

The petitioners, four members of the Bind family from Choutara village, applied for anticipatory bail fearing arrest in a case registered under several offences of the Bharatiya Nyaya Sanhita, including assault with a weapon. The FIR alleged that they assaulted the informant’s family members and struck a person named Nilesh Kumar with a danda and axe. The petitioners contended that the allegation was vague, no specific overt act was detailed, the injuries were minor, and they have a clean antecedent. The State opposed the bail, arguing the seriousness of the offences. Considering the general nature of the accusation, the minor injuries, and the petitioners’ clean record, the Court allowed anticipatory bail, directing that if arrested within eight weeks they be released on a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged assault under Sections 126(2), 115(1), 109, 324(4), 352, 351(3), 3(5) of the Bharatiya Nyaya Sanhita.
  • Whether the allegations constitute a specific overt act sufficient to deny bail.
  • Whether the petitioners’ clean antecedent and the minor nature of injuries justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • clean antecedent
  • bail bond
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2468 of 2026
                     Arising Out of PS. Case No.-1 Year-2025 Thana- SHAMBHUGANJ District- Banka
                 ======================================================
           1.     Hariya Bind @ Haribol @ Haribol Kumar S/o Singeshwar Bind R/o vill -
                  Choutara, P.S. - Shabmbhuganj, Distt.- Banka, Bihar
           2.    Ramvilas Bind @ Ramvilash Bind S/o Chhotelal Bind R/o vill - Choutara,
                 P.S. - Shabmbhuganj, Distt.- Banka, Bihar
           3.    Suraj Bind @ Suraj Kumar S/o Ramvilas Bind @ Ramvilash Bind R/o vill -
                 Choutara, P.S. - Shabmbhuganj, Distt.- Banka, Bihar
           4.    Dhiraj Bind @ Diraj Kumar S/o Ramvilas Bind @ Ramvilash Bind R/o vill -
                 Choutara, P.S. - Shabmbhuganj, Distt.- Banka, Bihar

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dhananjay Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mr. Syed Mojibur Rahman, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   02-02-2026                    Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 126(2), 115(1), 109,

                   324(4), 352, 351(3), 3(5) of the Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., these petitioners assaulted family

                   members of the informant and on the head of one Nilesh Kumar

                   with dabiya and axe.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have committed no offence.
              Patna High Court CR. MISC. No.2468 of 2026(2) dt.02-02-2026
                                                          2/2




                        Allegation of assault is general and omnibus and there is no

                        specific allegation of overt act against these petitioners. Injuries

                        sustained by the injured are simple in nature. Petitioners claim

                        clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering the nature of accusation, injury and

                        clean antecedent, this anticipatory bail is allowed and it is

                        ordered that let the above named petitioners in the event of their

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) each with two sureties of the like

                        amount each to the satisfaction of Chief Judicial Magistrate,

                        Banka in connection with Shambhuganj P. S. Case No. 1 of

                        2025, subject to condition as laid down under Section 482(2) of

                        the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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