Created by Fuzzy Cloud

Patna High Court

Subhas BindversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.