Mohit Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27465 of 2025 Arising Out of PS. Case No.-54 Year-2024 Thana- SAMHO District- Begusarai ====================================================== Mohit Bind S/O Mahdi Bind @ Mehdi Bind @ Mehandi Bind @ Mahandi Bind R/O Village- Salha, Bind Toli, P.S- Shambo (Samho), Dist.- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Shambo (Samho) P.S. Case No. 54 of 2024 instituted for the offence under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 303(2) & 118(1) of the Bharatiya Nyaya Sanhita, 2023. 3.

Prosecution case in short is that on 11-11-2024 at about 2:30 PM, when informant was going to his field for ploughing, on tractor loaded with fertilizer and seeds, on the way, 100 persons including these petitioners surrounded him and looted the seeds and fertilizers and assaulted him. In the meantime, when Gauri Shankar Singh and Rohit Kumar came to save informant, all the accused persons, who were 36 in number

Patna High Court CR. MISC. No.27465 of 2025(2) dt.08-05-2025 2/3 assaulted them as a result of which three persons sustained injuries.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27-02-2025. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that there is no specific allegation against the petitioner, rather allegation is general and omnibus in nature. It is a case of mob attack and petitioner is only a member of the mob. No incriminating article has been recovered from the possession of the petitioner. Other co-accused have been enlarged on anticipatory bail by a Coordinate Bench of this Court vide order dated 30-04-2025, passed in Cr. Misc. No. 24079 of 2025.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no specific allegation against the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.27465 of 2025(2) dt.08-05-2025 3/3 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Shambo (Samho) P.S. Case No. 54 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T