Created by Fuzzy Cloud

Patna High Court

Kailash BindversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioners are entitled to anticipatory bail under Section 482(2) of the B.N.S.S., 2023, subject to the stipulated conditions.

Summary

The petitioners sought anticipatory bail fearing arrest in a case (Chanan P.S. Case No. 96 of 2025) filed under multiple sections of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.) alleging extortion and assault. The prosecution alleged that the petitioners entered the informant's house, demanded money, and assaulted the informant and his family when refused. The petitioners contended they were falsely implicated, stating the incident stemmed from a land dispute that escalated into a free fight, resulting in simple injuries to all parties. They highlighted that one petitioner has a prior criminal record while the others have clean antecedents, and they offered to cooperate with the investigation. The court, after hearing both sides, granted anticipatory bail subject to a bail bond of Rs 10,000 each with two sureties and conditions under Section 482(2) of the B.N.S.S., 2023.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 despite the nature of the offences alleged.
  • Whether the presence of a prior criminal antecedent for one petitioner precludes the grant of bail.
  • Whether the alleged offences (extortion, assault, etc.) warrant denial of anticipatory bail on grounds of potential tampering with evidence or flight risk.

Legislation cited

Subjects

  • anticipatory bail
  • extortion
  • assault
  • land dispute
  • criminal antecedent
  • bail conditions
  • Section 482
  • B.N.S.S.
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80229 of 2025
                      Arising Out of PS. Case No.-96 Year-2025 Thana- CHANAN District- Lakhisarai
                 ======================================================
           1.     Kailash Bind S/O Sitavi Bind R/O Village- Sangrampur, P.S.- Chanan,
                  District- Lakhisarai.
           2.    Yasoda Devi @ Jaso Devi W/O Pawan Bind R/O Village- Sangrampur, P.S.-
                 Chanan, District- Lakhisarai.
           3.     Navin Kumar S/O Pawan Bind R/O Village- Sangrampur, P.S.- Chanan,
                  District- Lakhisarai.
                                                                      ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mayank Bilochan, Advocate
                 For the Opposite Party/s :       Mr. Ram Priya Sharan Singh, 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 connection

                   with Chanan P.S. Case No. 96 of 2025, instituted under Sections

                   126(2), 115(2), 118(1), 352, 351(2), 191(2), 190, 329(4), 308(2),

                   109, 74 of the B.N.S.

                                3. As per the prosecution case, accused persons

                   including the petitioners entered into the house of the informant

                   and demanded extortion money. When the same was refused, all

                   the accused persons assaulted the informant and his family

                   members.

                                4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.80229 of 2025(2) dt.06-01-2026
                                            2/3




          petitioners are innocent and have falsely been implicated in this

          case. On the date of occurrence, an altercation took place

          between the parties due to land dispute, which turned into free

          fight and both the parties have sustained injuries. There is case

          and counter case between the parties. All the injured have

          sustained simple injuries. Petitioner Nos. 1 and 3 have one

          criminal antecedent. Petitioner No. 2 has clean antecedent.

          Petitioner No. 1 is aged about 80 years, Petitioner No. 2 is a

          lady and Petitioner No. 3 is a young boy aged about 18 years.

          All the family members have been implicated in this case.

          Petitioners undertakes to co-operate in the investigation and

          trial.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail.

                       6. Considering the facts and circumstances of the

          case and submission of learned counsel for the parties, in the

          event of arrest or surrender before the Court below within six

          weeks from today, the petitioners 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

          learned A.C.J.M. Ist, Lakhisarai in connection with Chanan P.S.

          Case No. 96 of 2025, subject to the conditions laid down in
            Patna High Court CR. MISC. No.80229 of 2025(2) dt.06-01-2026
                                                        3/3




                      Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita

                      (B.N.S.S.), 2023.


                                              (Sunil Dutta Mishra, J)
rakhi/-
U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.