Patna High Court
Dasrath BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
- Bihar Penal Code (BNS) — s. 109(1), 115(2), 127(1), 190, 191(2), 303(2), 351(2), 352
- Bihar Prohibition & Excise Act, 2022 — s. 37
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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