Patna High Court
Nitish Bind @ Nitish Kumar @ Nitish BhagatversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted pre‑arrest bail to the petitioners subject to specified conditions.
Summary
The petitioners, Nitish Bind and Sanni Bind, sought pre‑arrest bail in connection with PS case No. 26 of 2025, which alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including unlawful assembly, assault and extortion. The prosecution alleged that the petitioners participated in a mob that fired on and abused an informant and that co‑accused Ranjeet Bind and Dhiraj assaulted the informant's son. The petitioners contended that no specific overt act was attributed to them and that the allegations were general, also pointing to a counter‑case filed by co‑accused Sanjay Bhagat. The State opposed bail, asserting active participation by the petitioners. Considering the lack of specific incriminating acts against the petitioners, their clean antecedent, and the existence of a counter‑case, the Court granted bail subject to a bond of Rs 10,000 with two sureties and a condition that one bailor be a close family member, to be surrendered within four weeks.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite the general nature of the allegations against them
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 190, 191(2), 191(3), 351(2), 352
Subjects
- pre‑arrest bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- unlawful assembly
- assault
- extortion
- mob violence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85736 of 2025
Arising Out of PS. Case No.-26 Year-2025 Thana- PIPRIYA District- Lakhisarai
======================================================
1. Nitish Bind @ Nitish Kumar @ Nitish Bhagat Son of Company Bind R/o
village- Karari Piparia, Ps- Piparia, Dist- Lakhisarai
2. Sanni Bind @ Sanni Kumar @ Sanni Bhagat son of company Bind R/o
village- Karari Piparia, Ps- Piparia, Dist- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Adv.
For the Opposite Party/s : Dr. Ajeet Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 05-01-2026 Heard learned Advocate appearing on behalf of the
petitioners and the learned Additional Public Prosecutor for the
State.
2. The petitioners are apprehending their arrest in
connection with Piparia P.S. Case No. 26 of 2025, registered for
the offences punishable under Sections 191(2), 191(3), 190,
126(2), 115(2), 109(1), 352 and 351(2), of the Bharatiya Nyaya
Sanhita, 2023.
3. The allegation against the petitioners is of causing
firing and abusing the informant and others alongwith other
accused persons, besides the allegation of demand of extortion.
It is specifically alleged that co-accused Ranjeet Bind and
Patna High Court CR. MISC. No.85736 of 2025(2) dt.05-01-2026
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Dhiraj have assaulted the son of the informant by means of butt
of the rifle.
4. Learned Advocate appearing on behalf of the
petitioners contended that save and except the general and
omnibus nature of allegation and the petitioners are said to be
members of the mob, there is no specific accusation of any overt
act. So far the assault caused to the son of the informant is
concerned, the same has been attributed to co-accused Ranjeet
Bind and Dheeraj, who are not before this Court. There is a
counter version of the present case being Piparia P.S. Case No.
29 of 2025 instituted by co-accused Sanjay Bhagat against the
informant and others. The petitioners are men of tender age
having fair antecedent, undertake before this Court that they will
fully cooperate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State
vehemently opposed the pre-arrest bail application and submits
that the petitioners have actively participated in the crime.
6. Regard being had to the submissions made on
behalf of the parties and considering the nature of accusation
levelled against the petitioners, coupled with the fair antecedent
as well as the factum of case and counter case, let the petitioners
above named be released on bail, in the event of their arrest or
Patna High Court CR. MISC. No.85736 of 2025(2) dt.05-01-2026
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surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, upon
furnishing bail bonds of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Lakhisarai in connection with Piparia
P.S. Case No. 26 of 2025, subject to the conditions laid down in
Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023
with the further condition that one of the bailors shall be the
own/close family members of the petitioners.
(Harish Kumar, J)
supratim/-
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