Vinod Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76997 of 2024 Arising Out of PS. Case No.-110 Year-2024 Thana- NAGARNAUSA District- Nalanda ====================================================== 1.
Vinod Bind S/o Bhajan Bind Resident of Village - Kachhiyawan, P.S. - Nagarnausa, District - Nalanda 2.
Chhote Kumar S/o Sohrai Bind Resident of Village - Kachhiyawan, P.S. - Nagarnausa, District - Nalanda 3.
Satish Kumar S/o Raj Kumar Bind Resident of Village - Kachhiyawan, P.S. - Nagarnausa, District - Nalanda 4.
Ranjeet Kumar S/o Mandal Bind Resident of Village - Kachhiyawan, P.S. - Nagarnausa, District - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shyamal Prakash For the Opposite Party/s :
Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-11-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Nagarnausa Police Station Case No. 110 of 2024, dated 21.07.2024, disclosing offences punishable under Sections 109/115/118/126/303/3 of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. The prosecution case, as per the First Information Report, is that the petitioners accosted the informant while he was coming on his motorcycle and assaulted him by means of
Patna High Court CR. MISC. No.76997 of 2024(3) dt.19-11-2024 2/3 lathi and snatched a sum of Rs. 16,000/- from his pocket. Firing was also made by the petitioners.
4. Learned Counsel for the petitioners submits that due to previous enmity between the parties, the petitioners have falsely been implicated in the present case. The petitioner nos. 2, 3 and 4 are 18 years, 20 years and 22 years old, having no criminal antecedent. There is no direct allegation of assault against the petitioner no. 1 and the allegation against the petitioner nos. 2, 3 and 4 are general and omnibus in nature and the informant does not receive any fire arm injury. Referring to the injury report, he submits that the injury caused to the informant is simple in nature.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that there was previous enmity between the parties, the allegation against the petitioner nos. 2, 3 and 4 are general and omnibus in nature and the injury caused to the informant is simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their
Patna High Court CR. MISC. No.76997 of 2024(3) dt.19-11-2024 3/3 arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Hilsa, Nalanda, in connection with Nagarnausa Police Station Case No. 110 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √