Kisho Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1849 of 2025 Arising Out of PS. Case No.-3 Year-2025 Thana- SC/ST District- Lakhisarai ====================================================== 1.
Kisho Bind S/o Late Chulhan Bind R/o vill - Bartara, ward no. 9, P.S. - Halsi, Distt.- Lakhisarai 2.
Chandan Bind @ Chandan Kumar S/o Ramashish Bind R/o vill - Bartara, ward no. 9, P.s. - Halsi, Distt.- Lakhisarai 3.
Shyam Sundar Bind @ shyam Sundar Kumar S/o Badri Bind R/o vill - Bartara, ward no. 9, P.s. - Halsi, Distt.- Lakhisarai 4.
Jai Ram Bind @ Jay Ram Kumar S/o Suresh Bind R/o vill - Bartara, ward no. 9, P.s. - Halsi, Distt.- Lakhisarai ... ... Appellants
Versus
1.
The State of Bihar Bihar 2.
Jai Manti Devi W/o Late Yugal Paswan r/o vill - Bartara, P.S.- Halsi, DisttLakhisarai ... ... Respondents ====================================================== Appearance :
For the Appellants :
Mr. Rajive Ranjan Singh, Advocate For the State :
Mr. Sadanand Paswan, Spl. P.P.
For the Resp. no.2 Mr. Ram Binay Pd. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-11-2025 Heard learned counsel for the appellants, learned Special Public Prosecutor and learned counsel for the informant/respondent no.2.
2.
This appeal is preferred against the order dated 17.04.2025 passed by the learned District and Additional Sessions Judge, 1st -cum- Special Judge, S.C./S.T., Lakhisarai, in connection with Lakhisarai S.C./S.T. P.S. Case No.03 of 2025 registered for the offence under sections 126(2), 115, 74, 352,
Patna High Court CR. APP (SJ) No.1849 of 2025(4) dt.25-11-2025 2/3 351(3), 3(5) of the B.N.S., 2023 and under sections 3(1)(r)(s) (wi), 3(2)(va) of the S.C./S.T. Act., by which the prayer of the appellants for grant of anticipatory bail has been rejected. 3.
It is alleged that during the immersion of idol of Godness Saraswati some altercation took place and due to which, the appellants arrived at the house of the informant armed with various weapons and abused the informant and her family members by taking caste name and also assaulted them. 4.
Learned counsel for the appellants submits that the appellants have clean antecedent and the occurrence has taken place on account a trivial dispute.
5.
Learned Special Public Prosecutor for the State and learned counsel for the informant have opposed the prayer of the appellant for grant of bail.
6.
I have considered the submissions of the parties.
7.
Considering the fact that the incident has taken place on account of a trivial dispute over immersion of the deity idol, this appeal is allowed. Accordingly, the impugned order dated 17.04.2025 is set aside.
8.
Let the appellants, in the event of their arrest or surrender within four weeks from today, be released on bail
Patna High Court CR. APP (SJ) No.1849 of 2025(4) dt.25-11-2025 3/3 on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District Judge-I, Lakhisarai / concerned Court, in connection with Lakhisarai S.C./S.T. P.S. Case No.03 of 2025, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS. (Sandeep Kumar, J) pawan/- U T