Patna High Court
Lalmuni BindversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted where allegations are general and non‑specific, but denied where a specific charge of assault with grievous injury is made.
Summary
The petitioners, five members of the Bind family, sought anticipatory bail after being implicated in an assault case registered under several sections of the Bharatiya Nyaya Sanhita. The prosecution alleged that on 20 November 2025 the accused entered the informant's house and assaulted him and his family, causing injuries. The petitioners contended that the allegations against them were general and omnibus, lacking any specific overt act, and that they were falsely implicated due to an old enmity. The informant's counsel argued that a specific accusation of assault with grievous injuries existed against petitioner No. 5. The court refused anticipatory bail to petitioner No. 5 on the basis of the specific charge, but granted anticipatory bail to petitioners Nos. 1‑4, subject to a bail bond and sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The application was disposed of with bail granted to four petitioners and denied to the fifth.
Issues considered
- Whether anticipatory bail should be granted when the allegations against the accused are general and omnibus.
- Whether a specific accusation of assault causing grievous injury justifies denial of anticipatory bail.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita permits the court to impose bail conditions in such cases.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 190, 191(2), 351(2)
Subjects
- anticipatory bail
- general allegations
- specific accusation
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2703 of 2026
Arising Out of PS. Case No.-118 Year-2025 Thana- NUAOW District- Kaimur (Bhabua)
======================================================
1. Lalmuni Bind S/o- Dubari Bind Resident of Bindpurva P.S- Nuoan, Dist-
Kaimur at Bhabua
2. Jagmuni @ Jaymuni Bind @ Jag Muni Bind S/o- Dubari Bind Resident of
Bindpurva P.S- Nuoan, Dist- Kaimur at Bhabua
3. Raj Muni Bind S/o- Dubari Bind Resident of Bindpurva P.S- Nuoan, Dist-
Kaimur at Bhabua
4. Ram Bali Bind S/o- Sukhu Bind @ Sukhdev Bind Resident of Bindpurva
P.S- Nuoan, Dist- Kaimur at Bhabua
5. Dubari Bind S/o- Paltu Bind Resident of Bindpurva P.S- Nuoan, Dist-
Kaimur at Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Singh, Advocate
For the Opposite Party/s : Md. Shakir Ahmad, A.P.P.
For the Informant : Mr. Ravi Shankar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 22-06-2026 Heard learned counsel for the petitioners, informant
and the State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 191(2), 190, 115(2),
109(1), 118(1), 351(2) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, on 20.11.2025 at about
8 PM, 16 F.I.R. named accused persons, including these
petitioners, entered the house of informant and assaulted
informant and his family members as a result of which several
Patna High Court CR. MISC. No.2703 of 2026(5) dt.22-06-2026
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persons sustained injuries.
4. Learned counsel appearing for the petitioners are
innocent and have committed no offence. Petitioners have
falsely been implicated in this case due to old enmity.
Allegations of assault is general and omnibus and there is no
allegation of any specific overt act against these petitioners.
5. However, learned counsel for the informant
vehemently opposed the bail application and submitted that
there is specific accusation of assault against petitioner no. 5
and in the said occurrence, six persons sustained grievous
injuries.
6. Considering the nature of accusation and injuries,
prayer for anticipatory bail of petitioner no. 5 is refused.
7. However, considering the general and omnibus
allegations against petitioner nos. 1 to 4, the anticipatory bail
with regard to petitioner Nos. 1 to 4 is allowed and it is
ordered that the above named petitioner nos. 1 to 4 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 learned Chief
Judicial Magistrate, Kaimur at Bhabua in connection with
Patna High Court CR. MISC. No.2703 of 2026(5) dt.22-06-2026
3/3
Nuoan P. S. Case No. 118 of 2025, subject to condition as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
8. This anticipatory bail application, accordingly,
stands disposed of.
(Prabhat Kumar Singh, J)
Navya/-
U T
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