Patna High Court
Satyendra BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted as there is no direct allegation against the petitioner and he has already spent a considerable period in custody.
Summary
The petitioner, Satyendra Bind, was arrested in connection with an alleged assault on 21 August 2025, where a co‑accused allegedly struck the victim and stole Rs.10,000. The charge sheet includes offences under Sections 126(2), 115(2), 303(2), 109, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he was falsely implicated, that no specific overt act was alleged against him, and that he has no prior criminal record, having been in custody since 31 August 2025. The State opposed bail, arguing the seriousness of the offences. Considering the absence of a direct allegation of assault against the petitioner and the period of custody already served, the Court granted bail on the condition of a Rs.15,000 bond with two sureties.
Issues considered
- Whether bail should be granted to the petitioner in the absence of a specific allegation of his participation in the assault.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- false implication
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77144 of 2025
Arising Out of PS. Case No.-243 Year-2025 Thana- SAKURABAD District- Jehanabad
======================================================
Satyendra Bind S/o Bhagat Bind R/o Village- Ganankura, P.S- Shakurabad,
Dist- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Chandni Kumari, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Shakurabad P.S. Case No. 243 of 2025 instituted for the
offences under Sections 126(2), 115(2), 303(2), 109, 352,
351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that on 21.08.2025 at
about 7:30 PM, while the informant was returning from
Shakurabad Bazar, he was allegedly surrounded near his house
by the accused persons including the petitioner and was
assaulted, and co-accused Mangesh Bind allegedly gave a
khanti blow on the head and took out ₹10,000/- from his pocket.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.77144 of 2025(3) dt.03-02-2026
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petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submits that general and
omnibus allegation has been made against the petitioner. No
specific overt act is alleged against the petitioner. The specific
allegation of giving khanti blow on the informant is against co-
accused Mangesh Bind. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 31.08.2025 and
has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, there being no direct allegation of assault against the
petitioner as also the period of custody undergone by him, this
Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Shakurabad P.S.
Case No. 243 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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