Patna High Court
Sugrim Bind @ Sugriv BindversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to the petitioners subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, Sugrim Bind and Suraj Kumar, sought bail fearing arrest in a case registered under several sections of the Bharatiya Nyaya Sanhita for allegedly assaulting an informant during a scuffle at a band party. They contended that they were falsely implicated, that the injuries were mostly simple except one grievous injury, and that the informant had provoked the incident by teasing women. The State opposed the bail application. The court, after considering the submissions and the lack of specific allegations against the petitioners, granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, to be executed within six weeks of arrest or surrender.
Issues considered
- Whether bail should be granted to the petitioners pending arrest or surrender in the assault case under the Bharatiya Nyaya Sanhita
- Whether the petitioners' alleged lack of specific allegations and clean antecedent justify bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 3(5), 351(2), 352
Subjects
- bail
- false implication
- assault
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80206 of 2025
Arising Out of PS. Case No.-278 Year-2025 Thana- CHAINPUR District- Kaimur (Bhabua)
======================================================
1. Sugrim Bind @ Sugriv Bind S/o- Late Vasdev Bind @ Late Basudeo Bind
Resident of Village- Sherpur, P.S- Chainpur, District-Kaimur at Bhabua
2. Suraj Kumar S/o- Sri Balbir Bind Resident of Village- Sherpur, P.S-
Chainpur, District-Kaimur at Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar No. 13, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 115(2), 126(2), 109, 352, 351(2) and
3(5) of Bharatiya Nyaya Sanhita.
3. As per prosecution case, all the accused persons
including the petitioners assaulted the informant due to which
he sustained injuries.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
present case. Further submission is that there is no specific
allegation against the petitioners. All the injuries to the injured
are simple in nature except one injury in the left nasal bone with
soft tissue swelling which is found grievous in nature. Informant
has not disclosed the reason for the occurrence. Learned counsel
Patna High Court CR. MISC. No.80206 of 2025(2) dt.06-01-2026
2/2
further submits that informant was teasing the women who were
watching the band party, therefore, some scuffle took place in
which informant sustained some injuries. Petitioners have no
criminal antecedent. They undertake to cooperate in the
investigation and trial.
5. Learned A.P.P. appearing on behalf of the State
opposed the bail application.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the parties,
let the above named petitioners be released on bail, in the event
of arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of learned Additional
Chief Judicial Magistrate-V, Bhabua (Kaimur) in connection
with Chainpur P.S. Case No. 278 of 2025, subject to the
conditions as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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