Patna High Court
Hanuman Bind @ Rakesh BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, given the minor nature of the injury and the petitioner's clean antecedent, anticipatory bail is warranted under Section 482 of the Bhartiya Nyaya Sanhita.
Summary
Hanuman Bind (Rakesh Bind) was accused of assaulting an informant with an iron rod, causing a simple head injury, under Sections 126(2), 115(2), 109(1), 351(2) and 352 of the Bhartiya Nyaya Sanhita. The petitioner sought anticipatory bail fearing arrest. The State opposed the bail on the ground of the alleged offences. The court examined the nature of the injury, which was deemed minor, and noted the petitioner’s clean antecedent. Relying on Section 482 of the Bhartiya Nyaya Sanhita, the court granted anticipatory bail on a bond of Rs.10,000 with two sureties, subject to the usual conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482 of the Bhartiya Nyaya Sanhita despite the alleged offences
- Whether the nature of the injury and the petitioner's clean antecedent justify the grant of bail
Legislation cited
- Bhartiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 351(2), 352, 482
Subjects
- anticipatory bail
- criminal law
- assault
- injury
- clean antecedent
- Section 482
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7154 of 2026
Arising Out of PS. Case No.-195 Year-2025 Thana- CHENARI District- Rohtas
======================================================
Hanuman Bind @ Rakesh Bind Son of Shivanand Bind Resident of Village-
Jogiya, P.S.- Chenari, Dist.- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajani Kant Pandey
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 126(2), 115(2), 109(1),
351(2) & 352 of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., on 16.05.2025 at about 3 PM,
informant was grazing buffaloes near the field of petitioner, in
the meantime, petitioner came and abused him and thereafter
assaulted him repeatedly by means of iron rod, due to which,
informant sustained head injury. Doctor has found the injury
simple in nature. Petitioner claims clean antecedent.
4. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
5. Considering the nature of injury and clean
Patna High Court CR. MISC. No.7154 of 2026(2) dt.19-02-2026
2/2
antecedent, in the event of arrest/surrender within a period of
eight weeks from today, let the above named petitioner be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M., Saran in connection with
Chenari P.S. Case No. 195 of 2025, subject to condition as laid
down under Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay/-
U T
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