Patna High Court
Binod DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioners subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioners, Binod Das and Ranjit Das, were arrested in connection with a case alleging assault with a sword, farsa and axe and extortion of Rs.10 lakh, charged under Sections 341, 324, 326, 307 and 506/34 of the IPC. They contended that they were falsely implicated, that the extortion allegation was fabricated, and that the charge sheet contained only a general, omnibus allegation without specific reference to them. The State opposed bail, citing the seriousness of the offences and the petitioners' prior criminal antecedents. The Court, noting the lack of specific allegations, the petitioners' period of custody, and the submission of the charge sheet, ordered their release on bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 480(3) of the BNSS. The bail order also imposed personal surety, attendance requirements, and cancellation provisions for non‑compliance.
Issues considered
- Whether bail can be granted in a case involving serious offences of assault and extortion when the allegations against the accused are general and omnibus.
- Whether the petitioners' prior criminal antecedents preclude the grant of bail.
- Whether the conditions prescribed under Section 480(3) of the BNSS are applicable to the bail order.
Legislation cited
- BNSS — s. 480(3)
- Indian Penal Code — s. 307, 324, 326, 341, 506/34
Subjects
- bail
- IPC
- assault
- extortion
- general allegation
- prior antecedents
- Section 480(3) BNSS
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76433 of 2025
Arising Out of PS. Case No.-92 Year-2024 Thana- MOHAMMADPUR District- Gopalganj
======================================================
1. Binod Das Son of Laldeo Das R/o Village- Dumariya, P.S.- Mohammadpur,
District- Gopalganj.
2. Ranjit Das @ Bhim Das Son of Laldeo Das R/o Village- Dumariya, P.S.-
Mohammadpur, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anirudh Kr. Verma, Adv.
Mr.Vyas Kumar Mishra, Adv.
For the Opposite Party/s : Mrs.Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 07-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. In the present case, the petitioners seek bail in
connection with Mohammadpur P.S. Case No. 92 of 2024,
registered for the offences under Sections 341, 324, 326, 307,
506/34 of the IPC.
3. As per the prosecution case, petitioners and other
thirteen co-accused persons assaulted the grandson of the
informant with sword, farsa and axe causing a number of
injuries to him. They also demanded Rs. 10 lakh as extortion
money from the informant’s grandson.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.76433 of 2025(4) dt.07-01-2026
2/3
petitioners submits that the petitioners are innocent and have
been falsely implicated in this case. The allegation of
demanding extortion money is completely false and concocted.
The allegation of assault is general and omnibus against the
petitioners and other co-accused persons and there is no specific
allegation against the petitioners for assaulting the grandson of
the informant. Petitioner no. 1 is having antecedent of three
cases whereas petitioner no. 2 is having antecedent of two cases
and in all theses cases they are on bail. Learned counsel further
submits that all these cases have been lodged by the informant
side and the allegation of making demand of extortion money is
false and no complaint has been made in this regard prior to
lodging of the present FIR. Learned counsel further submits that
other co-accused persons have been enlarged on anticipatory
bail by a Co-ordinate Bench of this Court vide order dated
05.12.2024 passed in Cr. Misc. No. 56811 of 2024. The
petitioners are in custody since 06.08.2025.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioners.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
general and omnibus nature of allegation against the petitioners
Patna High Court CR. MISC. No.76433 of 2025(4) dt.07-01-2026
3/3
and also considering their period of custody and submission of
charge sheet, the petitioners are directed to be released on bail,
on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) each with two sureties of the like amount each to the
satisfaction of learned CJM, Gopalganj/concerned court, in
connection with Mohammadpur P.S. Case No. 92 of 2024,
subject to the condition laid down under Section 480(3) of the
BNSS and other following conditions:
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioners will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
Checking your session…