Lal Babu Bind Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1668 of 2022

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Arising Out of PS. Case No.-337 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua)

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======================================================

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1 . LAL BABU BIND S/o Laxman Bind R/o village- Kabar, P.S.- Bhabua, District- Kamur at Bhabua

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Lal Mohan Bind @ Lalu Lal Mohan Bind S/o Laxman Bind R/o villageKabar, P.S.- Bhabua, District- Kamur at Bhabua

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... ... Appellant/s

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Versus

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1 . The State of Bihar

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Binay Kumar Ram S/o Ram Bilas Ram R/o village- Kabar, P.S.- Bhabua, District- Kamur at Bhabua

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr. Tribhuwan Narayan, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. PP For informant : Mr. Parwej Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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4 09-10-2025 Heard learned counsel for the parties.

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This appeal has been filed for setting aside order

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dated 29.11.2021 passed in a case registered for the offence punishable under sections 341,323,324,307,504,506/34 of the Indian Penal Code, and 3(r) (s) of the SC/ST Act, whereby the prayer for anticipatory bail of the appellant has been rejected.

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3 . As per the prosecution case , informant namely Vinay Kumar alleged that on 14.06.2019, at about 11:30 O’ Clock , when informant along with others went to take their due

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Patna High Court CR. APP (SJ) No.1668 of 2022(4) dt.09-10-2025 2/3

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money at the house of co-accused Binod Bind , then co-accused Binod Bind, Bahadur Bind and Anil Bind abused informant by caste name and thereafter, other accused persons assaulted informant and others by lathi, danda and sword.

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It is submitted on behalf of appellants that no such occurrence as alleged ever took place . As a matter of fact, informant along with his three companions intruded into the house of appellants consuming toddy and assaulted the family members of appellants and misbehaved with womenfolk . Regarding the aforesaid occurrence , son of co-accused Anil Bind lodged Bhabua PS Case No. 341 of 2019 against informant and others and in order to save skin from the aforesaid case , informant lodged this false and fabricated case against these appellants. Allegation levelled against these appellants is not specific rather general and omnibus in nature . Injuries sustained by the injured are simple in nature . It is not the case of the informant that any member of public was present at the time of incident, and as such, no case under SC/ST Act is made out.

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5 . Learned counsel for the respondent No. 2 as well as learned special public prosecutor for the State opposed the bail.

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Patna High Court CR. APP (SJ) No.1668 of 2022(4) dt.09-10-2025 3/3

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Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside. Let the appellants, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Session Judge-1st Cum Special Judge, Kaimur at Bhabua in connection with Bhabua Police Station Case No. 337 of 2019.

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(Prabhat Kumar Singh, J)

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Koushik/-

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U T

Lal Babu Bind v. The State of Bihar

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Lal Babu Bind v. The State of Bihar

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