Patna High Court
Mahendra Bind @ Mahendra Prasad BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioners subject to bond, sureties and the conditions prescribed under the BNSS and CrPC.
Summary
The petitioners Mahendra Bind, Jitendra Bind and Rameshwar Bind sought anticipatory bail fearing arrest in a case (Belaon PS No.46 of 2025) filed under multiple provisions of the Bharatiya Nyaya Sanhita and the POCSO Act. They claim they are innocent, falsely implicated, and that the prosecution is motivated by a land dispute with the informant. The State opposed the bail, arguing the seriousness of the offences. The court observed that the FIR appears to be a mala fide prosecution and, considering the circumstances, ordered that the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount. The bail is subject to the conditions of Section 482 of the BNSS and Section 438(2) of the CrPC and to compliance with the lower court’s directions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482 of the Bharatiya Nyaya Sanhita and Section 438(2) of the CrPC.
- Whether the FIR constitutes a mala fide prosecution warranting bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 303(2), 329(4), 3(5), 351(2), 351(3), 482, 74, 76, 79
- Code of Criminal Procedure, 1973 — s. 438(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
Subjects
- anticipatory bail
- false prosecution
- land dispute
- POCSO Act
- criminal procedure
- bail bond
- BNSS
- mala fide prosecution
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60637 of 2025
Arising Out of PS. Case No.-46 Year-2025 Thana- BELAW District- Kaimur (Bhabua)
======================================================
1. Mahendra Bind @ Mahendra Prasad Bind S/o- Rameshwar Bind Village-
Ahiraw Ps- Belaon Dist- Kaimur at Bhabua
2. Jitendra Bind @ Jitendra Kumar S/o- Rameshwar Bind Village- Ahiraw Ps-
Belaon Dist- Kaimur at Bhabua
3. Rameshwar Bind @ Rameshwar Prasad S/o- Late Chaturi Bind @ Chaturi
Prasad Village- Ahiraw Ps- Belaon Dist- Kaimur at Bhabua
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rima Devi W/o- Pintu Bind Village- Ahiraw Ps- Belaon Dist- Kaimur at
Bhabua
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tribhuwan Narayan, Advocate
For the State : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 12-03-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The service of notice is treated to be valid as the
same has been received by the husband of the opposite party no.
2.
3. The petitioners apprehend arrest in connection
with Belaon P.S. Case No. 46 of 2025 instituted under Sections
126(2), 115(2), 329(4), 74, 76, 79, 303(2), 351(2), 351(3) and
Patna High Court CR. MISC. No.60637 of 2025(6) dt.12-03-2026
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3(5) of the Bharatiya Nyaya Sanhita to which later on Section 8
of the POCSO Act was added.
4. As per the prosecution case, the petitioners are
accused of assaulting the victim.
5. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
this case. Learned counsel further submits that the petitioners
are agnates of the informant and there is land dispute between
the parties. There is counter case also.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
7. From the reading of the FIR, It appears to be a
mala fide prosecution.
8. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioners, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
the learned District & Additional Sessions Judge-VI- cum
Special Judge POCSO Act, Kaimur at Bhabua/ concerned Court
in connection with Belaon P.S. Case No. 46 of 2025, subject to
Patna High Court CR. MISC. No.60637 of 2025(6) dt.12-03-2026
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the conditions laid down in Section 482 of the BNSS/ 438(2) of
the Code of Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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