Krit Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20840 of 2025 Arising Out of PS. Case No.-203 Year-2024 Thana- SAKURABAD District- Jehanabad ====================================================== Krit Bind son of Late Chandradip Bind @ Chandip Bind R/o Village -Utrapatti PS -Shakurabad Distt -Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Paras Nath, Adv.
For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-04-2025 Heard Mr. Paras Nath, learned counsel for the petitioner and Mr. Bharat Bhusan representing the State.
2. The petitioner apprehends his arrest in connection with Shakurabad P.S. Case No. 203/24 for the offence registered under sections 126(2), 115(2), 109, 117(2), 352, 351(2), 3(5) of B.N.S. lodged on 12.08.2024 by the informant Lakhiya Devi.
3. As per the prosecution story, the informant alleged that on the allegation that the informant has made construction on their land, the accused resorted to assault causing grievous injuries to the family members including his son who got a fractured hand and rod was fixed at PMCH, Patna. This led to the FIR.
4. Learned Counsel for the petitioner submits that there is belated FIR inasmuch as it was lodged ten days later, the
2/4 petitioner is an old man of 65 years, omnibus allegation has been made against all the accused persons, he do not have criminal antecedent. Further, though the injury has been found to be grievous in nature, no role has been assigned to him, in that background, he deserves relief. Further, the submission is that without accepting the allegation and/or the outcome of the present petition in view of the fact that the informant side has alleged injuries, the petitioner on its own would like to contribute towards the medical assistance of Rs. 15,000/- through Demand Draft issued by the local State Bank of India branch to be submitted before the 'NAZARAT' of concerned Court to be handed over to the informant after checking the credentials.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submits that the injury has been found to be grievous in nature.
6. Having heard the parties, the fact remains that the injury is grievous, however, allegation is omnibus, the petitioner is 65 years of age, has no criminal antecedent, FIR lodged, he shall be facing the trial, in that background, this Court is inclined to grant him the anticipatory bail with conditions subject to payment of Rs. 15,000/- to Lakhiya Devi as
3/4 undertaken by the learned counsel for the petitioner to be paid by Demand Draft of local State Bank of India to be submitted to the Trial Court.
7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Jehanabad in connection with Shakurabad P.S. Case No. 203/24 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioner shall in no way try to induce or
4/4 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
8. Let a copy of the order be sent to the learned Principal District and Sessions Judge, Jehanabad for his perusal and needful.
(Rajiv Roy, J) Vijay Singh/- U T