Patna High Court
Karambir BindversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to bail.
Summary
Karambir Bind was arrested in connection with a case alleging multiple assaults, including the use of a kulhari and iron rod, and was charged under several sections of the B.N.S. The petitioner claimed innocence, asserting that the incident was a "free fight" between neighbours and that the charge sheet was filed without an injury report, relying only on an informant's discharge summary. The State opposed bail, while the petitioner argued that the lack of proper medical evidence and the nature of the altercation warranted release. The court examined the deficiencies in the prosecution's evidence and the circumstances of the alleged fight. Concluding that the petitioner’s continued custody was unwarranted, the court ordered bail on a bond of Rs.10,000 with two sureties. The petitioner had been in judicial custody since 29‑08‑2025.
Issues considered
- Whether the petitioner is entitled to bail despite being charged with multiple assault offences under the B.N.S.
- Whether the absence of an injury report and reliance on an informant's discharge summary justify granting bail
Legislation cited
- B.N.S. — s. 109(1), 115(2), 126(2), 190, 191(2), 303(2), 352
Subjects
- bail
- criminal procedure
- assault
- injury report
- charge sheet
- judicial custody
- free fight
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4690 of 2026
Arising Out of PS. Case No.-176 Year-2025 Thana- TARAPUR District- Munger
======================================================
Karambir Bind, Son of Vinod Bind, Resident Of Village- Launa, PS- Tarapur,
Dist- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjiv Kumar Singh, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Tarapur P.S. Case No. 176 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 109(1), 190,
191(2), 303(2) and 352 of B.N.S.
3. The case of the prosecution, in short, is that the
petitioner has assaulted Bimal Bind with Kulhari thrice. It is
further alleged that Deepak Kumar was assaulted by Nitish Bind
with iron rod.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. There is a counter version of this case which was filed
Patna High Court CR. MISC. No.4690 of 2026(2) dt.02-02-2026
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prior to this case. It has further been submitted that petitioner
and informant are neighbours and there has been free fight
between them. During free fight, both sides have received
injuries. From perusal of the order of learned trial Court it is
clear that learned trial Court has relied on the discharge
summary placed by informant which goes to show that Bimal
has suffered “depressed fracture of left parietal bono fiagment
protruding inside cranial cavity about 14 mm”. It has also been
submitted that in this case, charge-sheet was filed without the
injury report and learned trial Court has relied only on the
discharge summary filed by the informant. The I.O. has not
collected the injury report from the place where Bimal was
treated. It has also been submitted that in any view, it is a
matter of free fight and both sides have received injuries.
Petitioner is languishing in judicial custody since 29.08.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
Patna High Court CR. MISC. No.4690 of 2026(2) dt.02-02-2026
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of the like amount each to the satisfaction of the learned C.J.M.,
Munger in connection with Tarapur P.S. Case No. 176 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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