Rajendra Bind Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Rajendra Bind Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail in the event of arrest or surrender before the Trial Court within four weeks, on furnishing bail bond of ₹30000/- as per Section 2(1)(d) BNSS 2023, subject to Section 482(2) BNSS 2023 conditions, to the satisfaction of the learned Judicial Magistrate, 1st Class, Daudnagar, Aurangabad, in connection with Goh P.S. Case No. 88/2025.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Goh P.S. Case No. 88/2025 (offences under sections 126(2), 115(2), 118(1), 303(2), 74, 109(1), 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023), should be released on bail in the event of arrest or surrender.

Court's answer

The petitioner is to be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks, in connection with Goh P.S. Case No. 88/2025.

Ratio / Principle

Release is conditional on furnishing a bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Key takeaways

Bail is to the satisfaction of the learned Judicial Magistrate, 1st Class, Daudnagar, Aurangabad, and subject to the conditions laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail granted (Dr. Anshuman, J) to Rajendra Bind, apprehending arrest in Goh P.S. Case No. 88/2025, District Aurangabad, lodged on 17.03.2025 for offences under sections 126(2), 115(2), 118(1), 303(2), 74, 109(1), 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023. FIR alleges assault on the informant and his brother with a sword and garasa and snatching of the informant's wife's jewellery. Counsel urged: occurrence dated 11.03.2025 with six-day delay in lodging FIR; father-and-son dispute over monetary transactions relating to Indira Awas causing injuries to both sides; cross-complaint (Complaint Case No. 58/2025) instituted by petitioner against informant; allegations general and omnibus; petitioner already on bail in one more case. Court directed release on bail upon arrest or surrender before the Trial Court within four weeks, on furnishing bail bond of ₹30000/- (thirty thousand) under Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, subject to conditions under Section 482(2) of the said Sanhita, to the satisfaction of the learned Judicial Magistrate, 1st Class, Daudnagar, Aurangabad.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55966 of 2025

Arising Out of PS. Case No.-88 Year-2025 Thana- GOH District- Aurangabad

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

Rajendra Bind S/o Butai Bind Resident of Village - Gamhari, P.S. - Goh, District - Aurangabad

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Sharma, Advocate For the Opposite Party/s : Mr.Md. Fahimuddin, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL ORDER

2 27-08-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who apprehends arrest in connection with Goh P.S. Case No. 88/2025 lodged on 17.03.2025, for the offences punishable under sections 126(2), 115(2), 118(1), 303(2),74, 109(1), 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

As per the prosecution case, the F.I.R. has been lodged against two named accused persons, including the petitioner. It is alleged therein that the accused persons assaulted the informant and his brother with a sword and garasa . It is further alleged that the accused persons also assaulted the wife

Patna High Court CR. MISC. No.55966 of 2025(2) dt.27-08-2025 2/3

of the informant and snatched her jewellery.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is contended that although the alleged occurrence took place on 11.03.2025, but the F.I.R. was lodged belatedly on 17.03.2025, after a delay of six days. The informant and the accused persons are father and son, and the dispute arose on account of monetary transactions relating to Indira Awas, which led to a scuffle causing injuries to both sides. It is further submitted that the petitioner has also instituted Complaint Case No. 58/2025 against the present informant. The allegations levelled against the petitioner are not specific, but general and omnibus in nature. Though the petitioner is an accused in one more criminal case, he has already been granted bail therein.

Learned APP for the State opposes the prayer for

bail .

In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the learned Judicial

Patna High Court CR. MISC. No.55966 of 2025(2) dt.27-08-2025 3/3

Magistrate, 1^st Class, Daudnagar, Aurangabad, in connection with Goh P.S. Case No. 88/2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Dr. Anshuman, J)

Ashwini/-

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