Binda Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83024 of 2025 Arising Out of PS. Case No.-164 Year-2025 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.
Binda Ram S/O Late Baidhyanath Ram Resident of village -Mananpur, PSGovindganj, Dist- East Champaran, Motihari. 2.
Dhanai Ram S/o Ramjit Ram. Resident of village -Mananpur, PSGovindganj, Dist- East Champaran, Motihari. 3.
Birendra Ram S/o Late Baidhyanath Ram Resident of village -Mananpur, PS- Govindganj, Dist- East Champaran, Motihari. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra, Adv.
Mr. Dhandev Kumar, Adv.
Ms. Isha Mishra, Adv.
For the Opposite Party/s :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-12-2025 At the outset, learned Advocate for the petitioners seeks permission to make necessary correction in paragraph no. 14 of the bail application.
2. Permission is accorded.
3. Let the same be done in course of the day.
4. Heard the learned Advocate for the petitioners and the learned Additional Public Prosecutor for the State.
5. The petitioners are apprehending their arrest in connection with Gobindganj P.S. Case No. 164 of 2025, registered for the offences punishable under Sections 191(2),
Patna High Court CR. MISC. No.83024 of 2025(2) dt.17-12-2025 2/3 191(3), 190, 126(2), 115(2), 118(1), 109, 303(2), 76, 351(2) and 352 of the B.N.S., 2023.
6. The allegation against the petitioners is of causing assault over the informant by means of sword and farsa, due to which she sustained serious injuries, besides the allegation against the other accused persons of causing assault to the son and nephew of the informant as well as snatching of valuables.
7. Learned Advocate for the petitioners submitted that surprisingly, the learned Court of District and Additional Sessions Judge while negating the prayer for bail of the petitioners have not discussed the nature of injuries, though the Court has categorically observed that the injury report is available in the case diary, thus the injury appears to be simple in nature. Even if the allegation is taken to be true for the sake of argument, the same has been levelled in omnibus manner against all the three petitioners and it is not the case of the prosecution that the informant has suffered multiple injuries. The reason behind the said occurrence is nothing but a land dispute, leading to case and counter case being Gobindganj P.S. Case No. 162 of 2025 against the informant and others. The petitioners are men of fair antecedent and they undertake that they will fully co-operate in the proceeding of the Court and would not indulge in such
Patna High Court CR. MISC. No.83024 of 2025(2) dt.17-12-2025 3/3 activities in future.
8. On the other hand, learned Advocate for the State opposed the pre-arrest bail application.
9. Regard being had to the submissions made on behalf of the parties and considering the nature of accusation qua the injury, as discussed in the impugned order, besides the factum of case and counter case as well as the fair antecedent of the petitioners, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- 1, East Champaran, Motihari in connection with Gobindganj P.S. Case No. 164 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioners. (Harish Kumar, J) shivank/- U T