Patna High Court
Subhas BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court allowed the anticipatory bail petition, directing bail upon arrest or surrender with specified conditions.
Summary
The petitioners Subhas Bind, Sanjay Bind and Dhiraj Bind sought anticipatory bail in a case (Pipariya P.S. Case No. 26 of 2025) where they were accused of armed assault, extortion and several offences under the Bharatiya Naya Sanhita 2023. They contended that the allegations were vague, that a dispute with the informant led to a counter‑offence by the informant’s side, and that the case was filed to shield the informant. The petitioners also highlighted that co‑accused Nitish Bind and Sanni Bind had been granted anticipatory bail in a related matter. The State opposed the bail, emphasizing the seriousness of the charges. The court, noting the general and omnibus nature of the allegations and the existence of a counter‑case, allowed the bail petition, directing that bail be granted upon arrest or surrender within eight weeks on a bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether the petitioners are entitled to anticipatory bail despite the serious charges under the Bharatiya Naya Sanhita 2023.
- Whether the allegations against the petitioners are sufficiently specific or are general and omnibus, warranting bail.
- Whether any undisclosed criminal antecedent or false statements in the bail petition would justify cancellation of bail.
Legislation cited
- Bharatiya Naya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 190, 191(2), 191(3), 351(2), 352
Subjects
- anticipatory bail
- general and omnibus allegation
- extortion
- criminal antecedent
- Bharatiya Naya Sanhita
- Section 482
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.538 of 2026
Arising Out of PS. Case No.-26 Year-2025 Thana- PIPRIYA District- Lakhisarai
======================================================
1. Subhas Bind, S/o Late Ramchandra Bind @ Chandar Bind, R/o Village-
Karari Pipariya, P.S.- Pipariya, Distt.- Lakhisarai
2. Sanjay Bind @ Sanjay, S/o late Ramchandra Bind @ Chandar Bind, R/o
Village- Karari Pipariya, P.S.- Pipariya, Distt.- Lakhisarai
3. Dhiraj Bind @ Dhiraj Bhagat @ Dhiraj, S/o late Ramchandra Bind @
Chandar Bind, R/o Village- Karari Pipariya, P.S.- Pipariya, Distt.- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajnish Chandra, Advocate.
For the State : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The present petition has been filed on behalf of the
petitioners, apprehending their arrest, in connection with
Pipariya P.S. Case No. 26 of 2025 dated 16.03.2025 registered
for the offences punishable under Sections 191(2), 191(3), 190,
126(2), 115(2), 109(1), 352 and 351(2) of Bharatiya Naya
Sanhita 2023.
3. As per allegation, the petitioner along with other
co-accused armed with pistol, gun and farsa came to the house
of the informant and started firing and abusing the informant
Patna High Court CR. MISC. No.538 of 2026(2) dt.28-01-2026
2/4
and threatened to kill him on account of non-payment of
extortion money. It is also alleged that co-accused Ranjeet Bind
who is not petitioner herein and Dhiaraj Bind @ Dhiraj Bhagat
@ Dhiraj, assaulted Sumit Kumar @ Bhulla who is younger son
of the informant.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in this
case. He further submits that as a matter of fact, there was some
dispute and on account of dispute, altercation took place
between the informant and petitioners side in which the
petitioners side have been assaulted by the informant side. As a
matter of fact, the informant side had entered into the shop of
the petitioners side to loot the shop items and in that process,
they had also assaulted one lady who was sitting in the shop.
Hence, Pipariya P.S. Case No. 29 of 2025 has been also
instituted by co-accused Sanjay Bhagat against the informant
side. He also submits that the allegation against the petitioners
are general and omnibus and this case has been filed by the
informant side only to save their skin from the offence
committed in Pipariya P.S. Case No. 29 of 2025. He also
submits that similarly situated co-accused Nitish Bind @ Nitish
Kumar @ Nitish Bhagat and Sanni Bind @ Sanni Kumar @
Patna High Court CR. MISC. No.538 of 2026(2) dt.28-01-2026
3/4
Sanni Bhagat have been enlarged on anticipatory bail by a co-
ordinate Bench of this Court vide order dated 05.01.2026 passed
in Cr. Misc. 85736 of 2025.
5. It is also stated in paragraph No. 2 of the bail
petition that the petitioners have not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph No.3 of the
bail petition that the petitioners have been made accused in
another case.
7. Learned APP for the State vehemently opposes the
prayer of the Petitioners for bail.
8. Considering the aforesaid facts and circumstances
particularly general and omnibus allegation and case and
counter case, this petition is allowed, directing the petitioners
above-named, to be enlarged on bail, in the event of their arrest
or surrender before the court below within a period of eight
weeks from the date of receipt / production of a copy of this
order, on their furnishing bail bonds in the sum of Rs.10,000 /-
(Ten Thousand) each with two sureties of the like amount each
to the satisfaction of learned concerned court below, in
connection with Pipariya P.S. Case No. 26 of 2025 subject to the
conditions as laid down under Section 482 (2) B.N.S.S., 2023
Patna High Court CR. MISC. No.538 of 2026(2) dt.28-01-2026
4/4
and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioners have any criminal antecedent other
than the disclosed one, learned court below shall cancel the bail
bonds of the petitioners after hearing them and getting satisfied
that the petitioners have concealed their criminal antecedents
despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the
petitioners.
(Jitendra Kumar, J)
S.Ali/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.