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Patna High CourtCR. MISC./61409/2025allowed

Kashi Bind v. The State Of Bihar

2025-09-10Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61409 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- BADDI District- Rohtas ====================================================== 1.

Kashi Bind, Son of Bhukhan Bind, Resident of Village- Bad, P.S.- Kochas, Dist- Rohtas 2.

Bhukhan Bind @ Lal Bhukhan Bind, son of Late Sakhi Bind, Resident of Village- Bad, P.S.- Kochas, Dist- Rohtas 3.

Indal Bind, son of Bhukhan Bind Resident of Village- Bad, .S.s- Kochas, Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-09-2025 Heard the parties.

2. The petitioners are apprehending their arrest in connection with Baddi P.S. Case No. 39 of 2025 registered for the offences punishable under Sections 126(2), 303(2), 3(5) and 118(1) of the Bharatiya Nyaya Sanhita.

3. On account of a dispute regarding drainage of water, the petitioners along with others surrounded the informant and brutally assaulted with Lathi and Danda, due to which he sustained fracture injury in his hand. There is also allegation of snatching of valuables, besides pelting of stones.

4. Learned Advocate for the petitioner submitted that

Patna High Court CR. MISC. No.61409 of 2025(2) dt.10-09-2025 2/3 from the narrations made in the F.I.R. it is evident that there was a land dispute in relation to drainage of water, due to which on the fateful day, both the parties entered into scuffle, resulting into injury to persons of both the sides, as also leading to institution of Baddi P.S. Case No. 38 of 2025 against the informant and others, instituted by petitioner no.3, which is earlier on the point of time. The falsity of the case is also writ large, as the alleged injury sustained to the informant is found to be simple. There is no specific allegation attributed against any of the petitioners and only on account of their criminal antecedent, as disclosed in para.3 of the petition, the prayer for anticipatory bail has been negated by the court below.

5. On the other hand, learned APP for the State opposes the bail application and submits that there is serious allegation against all these petitioners of causing assault to the informant and others, leading to the injuries.

6. Having considered the submissions set forth by the learned Advocate for the respective parties and taking note of the factum of case and counter case with the simple injuries and the genesis of the occurrence, let the petitioners, named above, in the event of their arrest or surrender before the court below within four weeks from the date of receipt/production of a copy

Patna High Court CR. MISC. No.61409 of 2025(2) dt.10-09-2025 3/3 of this order, 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 learned Judicial Magistrate, 1st Class, Sasaram in connection with Baddi P.S. Case No. 39 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioners. (Harish Kumar, J) uday/- U T