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Patna High CourtCR. MISC./85736/2025allowed

Nitish Bind @ Nitish Kumar @ Nitish Bhagat v. The State Of Bihar

2026-01-05Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85736 of 2025 Arising Out of PS. Case No.-26 Year-2025 Thana- PIPRIYA District- Lakhisarai ====================================================== 1.

Nitish Bind @ Nitish Kumar @ Nitish Bhagat Son of Company Bind R/o village- Karari Piparia, Ps- Piparia, Dist- Lakhisarai 2.

Sanni Bind @ Sanni Kumar @ Sanni Bhagat son of company Bind R/o village- Karari Piparia, Ps- Piparia, Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar, Adv.

For the Opposite Party/s :

Dr. Ajeet Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 05-01-2026 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Piparia P.S. Case No. 26 of 2025, registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 109(1), 352 and 351(2), of the Bharatiya Nyaya Sanhita, 2023.

3. The allegation against the petitioners is of causing firing and abusing the informant and others alongwith other accused persons, besides the allegation of demand of extortion. It is specifically alleged that co-accused Ranjeet Bind and

Patna High Court CR. MISC. No.85736 of 2025(2) dt.05-01-2026 2/3 Dhiraj have assaulted the son of the informant by means of butt of the rifle.

4. Learned Advocate appearing on behalf of the petitioners contended that save and except the general and omnibus nature of allegation and the petitioners are said to be members of the mob, there is no specific accusation of any overt act. So far the assault caused to the son of the informant is concerned, the same has been attributed to co-accused Ranjeet Bind and Dheeraj, who are not before this Court. There is a counter version of the present case being Piparia P.S. Case No. 29 of 2025 instituted by co-accused Sanjay Bhagat against the informant and others. The petitioners are men of tender age having fair antecedent, undertake before this Court that they will fully cooperate in the proceeding of the Court.

5. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application and submits that the petitioners have actively participated in the crime.

6. Regard being had to the submissions made on behalf of the parties and considering the nature of accusation levelled against the petitioners, coupled with the fair antecedent as well as the factum of case and counter case, let the petitioners above named be released on bail, in the event of their arrest or

Patna High Court CR. MISC. No.85736 of 2025(2) dt.05-01-2026 3/3 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) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Piparia P.S. Case No. 26 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) supratim/- U T