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Patna High Court

Nitish Bind @ Nitish Kumar @ Nitish BhagatversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                         3/3




                       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/-

U      T


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