Vinod Singh @ Binod Singh @ Binod Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34032 of 2025 Arising Out of PS. Case No.-53 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Vinod Singh @ Binod Singh @ Binod Kumar Singh Son of Late Bharat Singh Village- Khajuhatti, Ps- Baikuthpur, Dist- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Devashish Giri, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Baikunthpur P.S. Case No. 53 of 2025 for the offences registered under Sections 126(2), 115(2), 109(1), 303(2), 3(5) of the B.N.S., Section 27 of Arms Act and Section 37 of the Bihar Prohibition & Excise Act.
3. As per the prosecution case, on the date of occurrence petitioner along with three accused persons armed with lathi, Bhala, Farsa, rod and country made pistol came to the Mathiya of the informant and started opening and breaking the donation box. On protest, accused persons abused and assaulted the informant causing injury. Co-accused Manish Kumar, Saurabh Kumar and Rajesh Singh tied rope around his neck and started
Patna High Court CR. MISC. No.34032 of 2025(3) dt.04-09-2025 2/3 dragging him. Petitioner is alleged to have pressed his foot on the chest and neck of the informant with intention to kill him due to which blood was oozing from his nose and ears. Petitioner also fired with his pistol and all the accused persons fled away. It is alleged that the accused persons looted a silver crown of idol worth Rs. 60,000/- and cash of Rs. 15000/- from the donation box. On information, police arrested the petitioner in drunken condition on the same day at about 7.15 P.M.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to land dispute. There is cross F.I.R. between the parties. In fact, on the date of occurrence, informant along with his associates had come to the house of petitioner and took him on the pretext of some work and assaulted him for which wife of the petitioner filed a case being Baikunthpur P.S. Case No. 60 of 2025. It is further submitted that injury to the injured is on the right forearm and right knee which is not the vital part. There is no injury on the chest and neck of the informant. Petitioner has no criminal antecedent. He is in judicial custody since 15.02.2025. Final form has already been submitted with respect to other co-accused persons and charge-sheet has been filed against the petitioner. Petitioner undertakes to co-operate in the trial.
5. Learned counsel appearing on behalf of the State
Patna High Court CR. MISC. No.34032 of 2025(3) dt.04-09-2025 3/3 opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge XIII-cum- Special Judge Excise-1, Gopalganj in connection with Baikunthpur P.S. Case No. 53 of 2025.
(Sunil Dutta Mishra, J.) rakhi/- U T