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Patna High Court

Dasrath BindversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioners are entitled to bail as the FIR lacks specific allegations and the petitioners have clean antecedents.

Summary

The petitioners, Dasrath Bind and Manohar Bind, were arrested in connection with a case (PS Case No.55/2026) alleging assault on an informant while intoxicated, under multiple sections of the Bihar Penal Code and the Bihar Prohibition & Excise Act, 2022. They contended that they were falsely implicated, that the FIR contained only general allegations without specific details, and highlighted their clean antecedents. The State opposed their bail application. After hearing both sides, the Court considered the lack of specific charges and the petitioners' clean record. The Court ordered that both petitioners be released on bail upon furnishing a bail bond of Rs.10,000 each with two sureties of the same amount, subject to the satisfaction of the District & Additional Sessions Judge. The order effectively granted bail to the petitioners.

Issues considered

  • Whether the petitioners are entitled to bail despite the serious nature of the charges under the Bihar Penal Code and the Bihar Prohibition & Excise Act
  • Whether the FIR contains specific allegations sufficient to deny bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • intoxication
  • false implication
  • Bihar Penal Code
  • Bihar Prohibition & Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43509 of 2026
                       Arising Out of PS. Case No.-55 Year-2026 Thana- KAJRA District- Lakhisarai
                 ======================================================
           1.     Dasrath Bind, Age-21 Years, Male, S/o Manohar Bind, R/o Village - Arma,
                  P.S - Kajara, District - Lakhisarai
           2.    Manohar Bind, Age-40 Years, Male, S/o Late Munnilal Bind R/o Village -
                 Arma, P.S - Kajara, District - Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mukesh Kumar No-1, Advocate
                 For the Opposite Party/s :        Mrs. Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

2   08-07-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners are in custody in a case registered

                   for the offence punishable under Sections 191(2), 190, 127(1),

                   115(2), 109(1), 303(2), 352 and 351(2) of the BNS and Section

                   37 of the Bihar Prohibition & Excise Act, 2022.

                                3. As per allegation in the FIR, petitioners and other

                   co-accused persons being in drunken state, they have assaulted

                   the informant by means of lathi, danda and iron rods, as a result

                   of which, the informant sustained injuries.

                                4. Learned counsel for the petitioners submits that

                   petitioners have falsely been implicated in this case. He next
          Patna High Court CR. MISC. No.43509 of 2026(2) dt.08-07-2026
                                                      2/2




                    submits that there is general and omnibus allegation and no

                    specific allegation against them, there is case and counter case

                    between them and they have got clean antecedent as stated in

                    para-3 of the petition and they are in custody since 12.05.2026.

                                 5. Learned APP for the State opposes the prayer for

                    bail of the petitioners.

                                 6. In view of the aforesaid submissions as made by

                    learned counsel for the petitioners, let the above named

                    petitioners be released 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 District & Additional

                    Sessions Judge-VII-cum-Exclusive Special Excise Court-II,

                    Lakhisarai in connection with Kajara P.S. Case No. 55 of 2026.



                                         (Ramesh Chand Malviya, J)
Brajesh Kumar/-
U       T


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