Patna High Court
Hariya Bind @ Haribol @ Haribol KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(1), 126(2), 324(4), 3(5), 351(3), 352
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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