Patna High Court
Sharma GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with a bond of Rs.10,000 and specific conditions.
Summary
Sharma Giri was arrested in connection with an assault on Animesh Kumar Giri, alleged under multiple sections of the BNS and Section 27 of the POCSO Act. The petitioner sought bail, arguing that the injury was simple and the FIR did not substantiate a serious charge. The State opposed bail, highlighting the petitioner’s participation in the crime and his extensive criminal history, though noting he was on bail in most other cases. The court examined the nature of the injury and the petitioner’s antecedents, and concluded that bail could be granted with a modest bond and strict conditions. Accordingly, the petitioner was released on bail of Rs.10,000 with two sureties and conditions regarding trial cooperation, evidence tampering, and disclosure of criminal antecedents.
Issues considered
- Whether bail should be granted in a case involving assault with multiple serious charges under the BNS and POCSO Act
- Whether the simplicity of the injury justifies bail despite the seriousness of the alleged offenses
- Whether the petitioner’s prior criminal record warrants denial of bail
Legislation cited
- BNS — s. 109(1), 115(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 308(2), 308(3), 351(2), 352
- Protection of Children from Sexual Offences Act — s. 27
Subjects
- bail
- assault
- simple injury
- criminal antecedent
- POCSO Act
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11064 of 2026
Arising Out of PS. Case No.-105 Year-2025 Thana- Manuapul District- West Champaran
======================================================
Sharma Giri Son of Late Bindeshwari Giri Resident of Village- Parsa, P.S.-
Manuapul, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
: Mr.Sharad Kumar Verma, Advocate
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP
For the Informant : Mr. Ashish Ranjan Garg, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 02-04-2026 Heard Mr.Abhishek Kumar, learned counsel for the
petitioner, Mr. Ashish Ranjan Garg, learned counsel for the
informant and Mr.Uma Shankar Prasad Singh, learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
25.10.2025 in connection with Manuapul P.S. Case No. 105 of
2025, F.I.R. dated 11.06.2025 registered for the offence
punishable under Sections 190, 191(2), 191(3), 126(2), 115(2),
118(1), 109(1), 303(2), 308(2), 308(3), 351(2), 352 of BNS and
Section 27 of the POCSO Act.
3. Allegation against the petitioner is that he assaulted
to one Animesh Kumar Giri causing injury on his head.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR that due to some petty
Patna High Court CR. MISC. No.11064 of 2026(4) dt.02-04-2026
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dispute the present occurrence had taken place. Although the
petitioner is named in the FIR but from a bare perusal of the FIR
it appears that the specific allegation against the petitioner is
that he has assaulted to one Animesh Giri although he has
received the injury from a bare perusal of the injury report of the
Animesh Kumar Giri which suggests that the injury is simple in
nature caused by hard and blunt substance and the police, after
investigation, submitted the chargesheet against the petitioner
and the petitioner is in custody since 25.10.2025.
5. Learned counsel for the informant and learned
A.P.P. for the State, on the other hand, has vehemently opposed
the prayer for bail of the petitioner and submits that the
petitioner has participated in the present crime in question and
apart from that, the petitioner carries ten more cases other than
the present one, but fairly submits that out of ten cases, the
petitioner is on bail in eight cases, in one case, the petitioner has
been acquitted and one case is disposed of on the basis of
compromise, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts and injury inflicted
upon the injured person is simple in nature, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.11064 of 2026(4) dt.02-04-2026
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each to the satisfaction of learned Chief Judicial Magistrate,
West Champaran at Bettiah in connection with Manuapul P.S.
Case No. 105 of 2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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