Sagar Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31323 of 2026 Arising Out of PS. Case No.-12 Year-2026 Thana- Kusumbha District- Sheikhpura ====================================================== Mohan Bind @ Vishal Kumar S/o Rajo Bind R/o Vill- Tola Beldauriya, P.S.- Kusumbha, Distt- Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 31502 of 2026 Arising Out of PS. Case No.-12 Year-2026 Thana- Kusumbha District- Sheikhpura ====================================================== 1.
Sagar Bind S/o Vidwi Bind @ Vidya Bind R/o Village - Beldariya, P.S - Kusumba, District - Sheikhpura 2.
Manish Bind @ Manish Kumar S/o Pramod Bind R/o Village - Beldariya, P.S - Kusumba, District - Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 31323 of 2026) For the Petitioner :
Mr. Abdul Mannan Khan, Advocate Mr. Binay Kumar, Advocate For the State :
Mr. Sanjay Kumar Pandey, APP (In CRIMINAL MISCELLANEOUS No. 31502 of 2026) For the Petitioners :
Mr. Abhishek Kumar, Advocate For the State :
Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 15-07-2026 Since both the cases arise out of the same Police Station Case Number, therefore, with consent of the learned counsel for the parties, they are being disposed of by a common order.
2. Heard the learned counsel for the petitioners and
2/5 the learned Additional Public Prosecutors for the State.
3. The petitioners apprehend their arrest in connection with Kusumbha P.S. Case No. 12 of 2026 for allegedly having committed offences under Sections 191(2), 190, 126(2), 115(2), 109, 118(2), 117(2), 303(2) and 352 of B.N.S., 2023.
4. As per the prosecution story, which has been lodged on the basis of the written report submitted by the informant, to the effect that while he went to his farm, he saw that the petitioners, Mohan Bind and Sagar Bind were selling liquor in his farm. When the same was objected to by the informant, both the petitioners started abusing him and petitioner no.1 hit him on his head with a bicycle chain with an intention to kill him, due to which he sustained injuries on his head. When his brothers, Tukeshwar Bind, Rajan Bind and Jito Bind came to save him, the petitioner, Mohan Bind called his associates, who have been named as accused along with the petitioner Mohan Bind. All the accused persons came armed with weapons and it has been alleged that the petitioner, Sagar Bind assaulted one of the brothers of the informant on his head with an iron rod, due to which he sustained injuries. Petitioner, Manish Bind snatched golden chain from the neck of one of the brothers of the informant and all the accused persons assaulted another brother
3/5 of the informant, namely, Rajan Bind, due to which he also sustained injuries.
5. The learned counsel for the petitioners submits that the petitioners are innocent and have not committed any offence. It is further submitted that the entire prosecution story is concocted. It is submitted that for the same occurrence, Kusumbha P.S. Case No.13 of 2026 has been lodged by the petitioner, Mohan Bind against the informant and others. It is submitted that the injuries sustained by the injured have been found to be simple in nature by the treating doctor, except one injury sustained by the informant, which is on his right hand and that has been found to be grievous in nature. It is further submitted that the petitioner, Mohan Bind is an accused in two other cases, however in both the cases, he is on bail. It is also submitted that so far petitioners, Sagar Bind and Manish Bind are concerned, they have got one criminal antecedent.
6. Per contra, the learned Additional Public Prosecutors appearing on behalf of the State oppose the prayer for grant of anticipatory bail to the petitioners by submitting that the petitioners have got criminal antecedents and there is specific allegation against these petitioners.
7. Having considered the rival submissions and after
4/5 going through the records, it appears that there was a free fight in between the parties, wherein both the parties sustained injuries and case and counter case have been lodged. Petitioner, Mohan Bind has also filed Kusumbha P.S. Case No.13 of 2026 against the informant and others. Further, from perusal of the injury report, which is along with the case diary, it would transpire that the doctor found three injuries on the body of the informant, however two of the injuries were found to be simple in nature and one injury i.e. fracture of 3rd proximal phalanx of right hand has been found to be grievous, however the same is not on the vital part of the body. So far the injury report of other injured persons are concerned, the doctor has opined the injuries to be simple in nature.
8. Taking into consideration the facts aforesaid, let the petitioners, above-named, in the event of their arrest or surrender within a period of six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sheikhpura in connection with Kusumbha P.S. Case No.12 of 2026, subject to the conditions laid down under Section 482(2) of the B.N.S.S. with a further condition that:-
5/5 The learned court concerned shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court concerned shall take steps for cancellation of their bail bonds. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Ritesh Kumar, J.) Sanjay/- U T