Mahabir Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43969 of 2025 Arising Out of PS. Case No.-63 Year-2025 Thana- SAHPUR District- Bhojpur ====================================================== 1.

Mahabir Bind S/o Ekram Bind R/o vill - Dudh Ghat, Hariharpur, P.S. - Shahpur, Distt.- Bhojpur 2.

Ashok Bind @ Ashok Bin S/o Shiv Yogi Bind R/o vill - Dudh Ghat, Hariharpur, P.S. - Shahpur, Distt.- Bhojpur 3.

Dhirendra Bind @ Birendra Bind S/o Shiv Yogi Bind R/o vill - Dudh Ghat, Hariharpur, P.S. - Shahpur, Distt.- Bhojpur 4.

Ajay Bind @ Kariya Bind S/o Bhukhan Bind R/o vill - Dudh Ghat, Hariharpur, P.S. - Shahpur, Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niraj Kumar Singh, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Shahpur P.S. Case No. 63 of 2025 instituted for the offence under Sections 126(2), 115(2), 118(2), 109, 352, 351(2), 3(5) & 103(1) of the B.N.S., 2023.

3. The case of the prosecution is that the petitioners along with others assaulted the uncle of the informant, namely, Ajay Bind by means of lathi, sword and knife with an intention

Patna High Court CR. MISC. No.43969 of 2025(2) dt.18-07-2025 2/3 to kill. Ajay Bind fell down. It is further alleged that when the informant, Nitesh and others came to rescue, they were also being assaulted by the accused persons.

4. Learned counsel for the petitioners has submitted that after 10 days Ajay Bind succumbed to his injuries. Learned counsel further submits that there is a counter version of this case. From perusal of the order of the trial court it is clear that the cause of death is due to shock as a result of head injury. Other persons have received injury in this case also. From perusal of the FIR it is clear that there is no specific allegation against anyone as to who has assaulted the deceased. The nature of allegation against these petitioners is general and omnibus. There is also a counter version of this case. Learned counsel further submits that the petitioner are men of clean antecedent.

5. Learned APP appearing for the State has vehemently opposed the prayer for bail to the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Shahpur P.S. Case No. 63 of

Patna High Court CR. MISC. No.43969 of 2025(2) dt.18-07-2025 3/3 2025, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- 1st Class, Ara at Bhojpur, subject to the conditions as laid down under Section 482(2) of the BNSS.

7. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) Durgesh/- U T