Patna High Court
Kailash BindversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagrik Suraksha Sanhita — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 308(2), 329(4), 351(2), 352, 482(2), 74
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
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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
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