Patna High Court
Arun Bind @ Arun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is granted to the petitioners subject to a bail bond of Rs.30,000 and the conditions stipulated under Sections 2(1)(d) and 482(2) of the BNSS, 2023.
Summary
The petitioners, Arun Bind and Saroj Kumar, sought anticipatory bail in a case (Sultanganj PS Case No.295 of 2025) where they were alleged to have participated in assaults and other offences under several sections of the Bihar Negotiable Substantive (BNSS) Act, 2023. The prosecution alleged that the petitioners, along with others, assaulted the informant’s cousin, causing injury, while the petitioners claimed innocence, stating the allegations were general and omnibus and stemmed from a business dispute over flower sales. The counsel highlighted that the specific accused, Diwana Bind, had already been granted bail by the lower court and that the petitioners had a clean criminal record. The State opposed bail, arguing that no specific allegation linked the petitioners to the offence. The court, after considering the clean record, the bail of Diwana Bind, and the lack of specific charges against the petitioners, granted anticipatory bail subject to a bond of Rs.30,000 and several conditions including regular appearances before the trial court and police station.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Sections 2(1)(d) and 482(2) of the BNSS, 2023 despite general and omnibus allegations.
- Whether the clean criminal antecedent and the bail of the co‑accused justify release on anticipatory bail.
Subjects
- anticipatory bail
- BNSS 2023
- general and omnibus allegations
- bail conditions
- business dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4999 of 2026
Arising Out of PS. Case No.-295 Year-2025 Thana- SULTANGANJ District- Bhagalpur
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1. Arun Bind @ Arun Kumar S/O Bhuneshwar Bind @ Bhuvneshwar Bind
Resident of Village - Pildauri, Bind Tola, P.S. - Sultanganj, District -
Bhagalpur
2. Saroj Kumar @ Pokcha Bind S/O Vimal Bind Resident of Village - Pildauri,
Bind Tola, P.S. - Sultanganj, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gun Sagar Mahto, Adv.
For the Opposite Party/s : Mr.Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 04-02-2026 Heard Learned Counsel for the petitioners and
Learned APP for the State.
2. The petitioners are apprehending arrest in
connection with Sultanganj P.S. Case No.295 of 2025 lodged on
23.07.2025, for the offences punishable under Sections 126(2),
115(2), 109, 303(2), 352, 351(3) and 3(5) of the B.N.S., 2023.
3. As per the prosecution, FIR has been lodged against
four named accused persons including the present petitioners
with allegation that they used to put pressure on the cousin of
the informant. On 17.07.2025 and again on 21.07.2025, the
allegation of assault by the petitioners are there along with other
accused persons due to which injury has been caused to the
informant.
4. Learned Counsel for the petitioners submits that the
Patna High Court CR. MISC. No.4999 of 2026(2) dt.04-02-2026
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petitioners are innocent and have committed no offence.
Counsel also submits that both parties are resident of same
village and there is general and omnibus allegation against the
petitioners. The specific allegation has been made against one
accused, namely, Diwana Bind, who has assaulted the informant
by iron rod due to which bleeding started.
5. It is the specific pleading of the counsel for the
petitioner that the said accused Diwana Bind has been granted
bail from the Lower Court. He further submits that actually,
there is business dispute of selling flower between the parties
and due to this reason, occurrence took place between them.
6. Counsel submits that the criminal antecedent of the
petitioners is clean and they are ready to fulfill all the conditions
whatsoever shall be imposed upon them.
7. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that about the statement of
Diwana Bind, nothing has come either in the order sheet or in
the pleading, against the petitioners, the allegation are general
and omnibus.
8. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on
anticipatory bail, in the event of arrest or surrender before the
Patna High Court CR. MISC. No.4999 of 2026(2) dt.04-02-2026
3/3
learned Court below within a period of 4 weeks from today,
only after being satisfied by the Trial court that the said
accused Diwana Bind has been granted bail, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Additional Chief Judicial Magistrate-1st,
Bhagalpur in connection with Sultanganj P.S. Case No.295 of
2025, subject to the conditions as laid down U/s 482(2) of the
BNSS, 2023 with the following conditions:-
(i) one of the bailor should be the family member of
the petitioners who shall provide official document to show their
bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bonds by the Trial Court itself;
(iii) the petitioners shall appear before the concerned
police station every month for one year to mark attendance;
(Dr. Anshuman, J)
Prakashmani/-
U T
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