Bindeshwar Sao @ Bindeshwar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20996 of 2025 Arising Out of PS. Case No.-42 Year-2025 Thana- NAVINAGAR District- Aurangabad ====================================================== Bindeshwar Sao @ Bindeshwar Gupta, S/o Bandhu Sao, Resident of Vill.- Ambedkar Nagar, Navinagar, P.S.-Navinagar, Dist.- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Mukul Kumari, Advocate For the State :
Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-04-2025 Heard Mrs. Mukul Kumari, learned counsel for the Petitioner and Mr. Md. Fahimuddin, learned APP for the State.
2. Petitioner seeks regular bail in connection with Navinagar P.S. Case No. 42 of 2025 dated 09.02.2025 registered for the offences punishable under Sections 126(2), 115(2), 118, 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 ( in short 'B.N.S.').
3. The main submissions advanced by petitioner's counsel are that there is case and counter-case in between both the parties and the instant matter relates to free fight between both the parties in which both the sides sustained injuries and in this regard, specific submission has been made
Patna High Court CR. MISC. No.20996 of 2025(2) dt.28-04-2025 2/3 in the petition, there is no specific allegation against this petitioner in the FIR. It is further submitted that three persons are said to have sustained injuries in the present matter and the copies of their injury reports have been filed with the supplementary affidavit which show that most of their injuries are found in the nature of bodyache and swelling. It is lastly submitted that the petitioner has fair and clean antecedent and he has been languishing in jail since 10.02.2025 and at the relevant time of the alleged occurrence, there was land dispute in between both the parties which is clearly evident from the FIR itself.
4. Learned APP for the State has opposed the prayer for bail of the petitioner.
5. In the facts and circumstances of this case as well as considering the aforesaid submissions and mainly petitioner's fair and clean antecedent and also the fact that in the FIR, there is no specific allegation against him and there is case and counter-case in between both the parties and as per above submission, both the sides sustained injuries in the alleged occurrence, in my opinion, it is fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 20,000/-
Patna High Court CR. MISC. No.20996 of 2025(2) dt.28-04-2025 3/3 (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Navinagar P.S. Case No. 42 of 2025. (Shailendra Singh, J) maynaz/- U T