Bharat Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41088 of 2026 Arising Out of PS. Case No.-418 Year-2025 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== 1.

Bharat Bind S/O Dashrath Bind, R/o vill - Barej, P.S.- Mohania, Distt.- Kaimur at Bhabua 2.

Shivam Kumar S/o Sanjay Ram @ Sanjay Kumar, R/o vill - Ugahani Dih, P.S.- Mohania, Distt.- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the State :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 01-07-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail, apprehending their arrest, in connection with Kudra P.S. Case No. 418 of 2025, dated 20.10.2025, registered for the offence punishable under Sections 309(4) and 3(5) of BNS, 2023.

3. As per allegation, three persons covering their face riding on motorcycle, robbed the informant who was returning to his home from office by motorcycle.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. He further submits that the F.I.R. has been lodged against

Patna High Court CR. MISC. No.41088 of 2026(2) dt.01-07-2026 2/3 three unknown persons and during investigation, till date no T.I.P. has been conducted, nor any incriminating material has been recovered from possession of the petitioners. He further submits that the whole case is based only on suspicion.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner No.1 has two criminal antecedents, whereas petitioner No.2 has no criminal antecedent.

7. However, learned APP for the State vehemently opposes the prayer of the petitioners for bail.

8. Considering the fact that the F.I.R. is lodged against unknown persons and no incriminating material has been recovered from the possession of the petitioners, this petition is allowed, directing the petitioners, above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.41088 of 2026(2) dt.01-07-2026 3/3 concerned Court Below, in connection with Kudra P.S. Case No. 418 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, other than the disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J.) ravishankar/- U T