Shahid Bind @ Shaihad Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38941 of 2026 Arising Out of PS. Case No.-18 Year-2026 Thana- Kinjar District- Arwal ====================================================== 1.
Shahid Bind @ Shaihad Kumar S/o Sikandar Bind Resident of VillageBeldari Bigha, P.S.- Kinjar, District -Arwal 2.
Guddu Bind @ Goverdhan Kumar S/o Sikandar Bind Resident of VillageBeldari Bigha, P.S.- Kinjar, District -Arwal 3.
Prasad Bind @ Prasad Kumar S/o Sikandar Bind Resident of VillageBeldari Bigha, P.S.- Kinjar, District -Arwal ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahboob Ashraf, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 17-06-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Kinjar P.S. Case No.18 of 2026, dated 03.02.2026, registered for the offence punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 303(2), 109(1), 76, 351(2), 351(3), 352, 79 of the Bharatiya Nyaya Sanhita.
3. As per the FIR, there is allegation against the petitioners that they being the accused persons, forming an unlawful assembly, entered into the informant's house,
2/4 assaulted the victims with lathi, iron rod and other weapons, outraged the modesty of a woman, attempted to commit rape, and also committed theft of cash and other articles.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. It is submitted that only general and omnibus allegations have been levelled against the petitioners. The specific allegation is against the co-accused, Ranjeet Kumar Bind, who is already in judicial custody. It is further submitted that, with respect to the same occurrence, case and counter-case have been lodged by the parties and both sides have sustained injuries. Learned counsel further submits that the petitioners undertake not to indulge in any similar offence in future. It is submitted that in the event any similar allegation is made against the petitioners by the informant in future, liberty may be restored to the police authorities to inquire into such allegation and, upon finding substance therein, to take appropriate steps in accordance with law for cancellation of bail. Lastly, it is submitted that the petitioners have no criminal antecedents.
5. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioners.
3/4
6. Considering the facts and circumstances of the case and taking into account that there is case and counter case between the parties, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond 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. Arwal/Successor Court in connection with Kinjar P.S. Case No.18 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:
(i) One of the bailors should be the family member/relative/ known of the petitioner(s) who shall provide official document/ personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
4/4 (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the police officials shall be at liberty to take steps for cancellation of their bail bonds.
(Ajit Kumar, J) shikha/- U T