Dhiraj Bind @ Dhiraj Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Dhiraj Bind @ Dhiraj Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioners to be released on bail upon arrest or surrender within four weeks on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Arwal, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS, 2023.

Issue for consideration

Whether the petitioners are entitled to anticipatory bail in connection with Manikpur Police Station Case No. 134 of 2024.

Court's answer

Anticipatory bail granted: taking into account that the parties are closely related, that there is a case and counter case, and that the injuries caused to the victim have not been brought on record by the prosecution, the court was inclined to grant the petitioners the privilege of anticipatory bail.

Ratio / Principle

In the event of arrest or surrender before the court below within four weeks, the petitioners are to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Arwal, in connection with Manikpur Police Station Case No. 134 of 2024, subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted. Application arising from Manikpur P.S. Case No. 134 of 2024 (P.S. Manikpur, District Arwal) alleging offences under Sections 115(2), 127(1), 118(1), 117(a), 109, 74, 352, 351(2) and 3(5) of the BNS, 2023. Held: parties are closely related family members; counter case (Manikpur P.S. Case No. 135 of 2024) lodged by wife of petitioner no. 1; injury report not brought on record by the prosecution; compromise petition filed before the court below — petitioners granted the privilege of anticipatory bail. To be released on arrest or surrender within four weeks on bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned CJM, Arwal, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS, 2023 (Anil Kumar Sinha, J).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24321 of 2025

Arising Out of PS. Case No.-134 Year-2024 Thana- Manikpur P.S District- Arwal

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

Dhiraj Bind @ Dhiraj Kumar S/O Umesh Bind Resident of Village- Chatoi, Beldari Bigha, P.S- Manikpur and District- Arwal (Bihar).

Birendra Kumar @ Bilendra Kumar @ Bilendra Bind S/O Kel Bind Resident of Village- Chatoi, Beldari Bigha, P.S- Manikpur and DistrictArwal (Bihar).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Ganesh Prasad Singh ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 02-05-2025

Heard learned Counsel for the petitioners and

learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Manikpur Police Station Case No. 134 of 2024, disclosing offences under Sections 115(2), 127(1), 118(1), 117(a), 109, 74, 352, 351(2), 3(5) of the BNS, 2023.

As per the prosecution case, on 31.10.2024. in the morning, the elder brother-in-law of the informant was abusing in drunken condition and when the informant's husband tried to placate him, he tried to assault her husband upon which the informant informed the police. Thereafter, the informant's elder brother-in-law went away. Subsequently, in the afternoon,

Patna High Court CR. MISC. No.24321 of 2025(2) dt.02-05-2025 2/3

he came along with other accused persons and petitioners assaulted the informant's husband on his head with knuckle due to which he sustained injury.

Learned Counsel for the petitioners submits that both the parties are closely related as would be evident from the FIR itself. A counter case bearing Manikpur P.S. Case no. 135 of 2024 has been lodged by the wife of the petitioner no. 1 against the informant and others. No injury report has been brought on record by the prosecution as would be evident from the impugned order. Both the parties, being family members, have filed compromise petition before the concerned court.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are closely related, case and counter case is there and the injuries caused to the victim have not been brought on record by the prosecution, I am inclined to grant the petitioners privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioners, above named, in the event of

their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.24321 of 2025(2) dt.02-05-2025 3/3

each to the satisfaction of learned Chief Judicial Magistrate, Arwal, in connection with Manikpur Police Station Case No. 134 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.

(Anil Kumar Sinha, J)

HarshPandey/-

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