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Patna High Court

Madan Giri @ Madan PuriversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner subject to conditions.

Summary

Madan Giri was arrested in connection with a case involving multiple offences under the B.N.S., including assault on an informant, his mother, and other violent acts that allegedly led to the mother’s death. The petitioner claimed innocence, arguing that no specific assault was attributed to him and that the co‑accused had already been granted regular bail. The State and the informant opposed the bail, emphasizing the seriousness of the charges. The court considered the facts, the precedent of bail granted to co‑accused, and the period the petitioner had already spent in custody. It concluded that bail could be granted provided the petitioner cooperates with the trial and complies with strict conditions. Accordingly, the court ordered regular bail on a bond of Rs.10,000 with two sureties and imposed conditions for cancellation upon non‑compliance.

Issues considered

  • Whether regular bail is permissible for the petitioner despite the grave nature of the offences alleged, including assault leading to death.
  • Whether the grant of bail to co‑accused in a related matter influences the decision on the petitioner’s bail.
  • The adequacy of the evidence linking the petitioner to the alleged assault and whether it justifies denial of bail.

Legislation cited

  • B.N.S. — s. 103, 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(3), 352

Subjects

  • regular bail
  • bail conditions
  • assault
  • death of victim
  • criminal procedure
  • B.N.S. sections
  • co‑accused bail precedent
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11697 of 2026
                  Arising Out of PS. Case No.-366 Year-2025 Thana- DHANAHA District- West Champaran
                 ======================================================
                 Madan Giri @ Madan Puri S/o Sabhapati Giri R/o Village- Chhitauna Tola,
                 P.S- Dhanaha, Distt.- West Champaran.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Baxi S.R.P. Sinha, Sr. Advocate.
                                                 Mr. Irfan Ahmad Ansari, Advocate.
                 For the State           :       Mr. Ram Anurag Singh, A.P.P.
                 For the Informant       :       Mr. Vijay Kumar Singh No.1, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   25-02-2026                   Heard learned Senior Counsel for the petitioner, learned

                   APP for the State and learned counsel for the informant.

                                 2. The petitioner seeks regular bail in connection with

                   Dhanaha P.S. Case No.366 of 2025 for the offences registered

                   under Sections 126(2), 115(2), 118(1), 109(1), 303(2), 351(3),

                   3(5), 352 of the B.N.S. and later on Section 103 of the B.N.S.,

                   2023 was added.

                                 3. As per the prosecution case, by taking the

                   informant’s name, the petitioner and one Govind Giri were

                   abusing Hari Yadav and the informant. When it was objected to by

                   the informant, the petitioner and Govind Giri assaulted Hari

                   Yadav. When the mother of informant namely Guma Devi

                   intervened for rescue, she was also assaulted by the accused
Patna High Court CR. MISC. No.11697 of 2026(2) dt.25-02-2026
                                            2/3




          persons. It is alleged that co-accused Govind Giri assaulted

          informant’s mother on her head with Bakua causing a serious head

          injury who died in the course of treatment.

                       4. Learned Senior Counsel for the petitioner submits

          that petitioner is innocent and has falsely been implicated in this

          case. He further submits that there is no specific allegation of any

          assault or overt act attributed against the petitioner to the

          deceased. He has made accused in the present case with malafide.

          There is case and counter case between the parties. The deceased

          was old lady who was suffering from old age disease and died

          during her treatment. Learned Senior Counsel submits that

          similarly situated four co-accused persons have been granted

          regular bail by the Co-ordinate Bench of this Court vide order

          dated 13.01.2026 passed in Cr. Misc. No.91510 of 2025. He

          further submits that petitioner has one criminal antecedent, in

          which he is acquitted by the Court concerned. Petitioner is in

          custody since 13.11.2025 and he undertakes to co-operate in the

          investigation and trial.

                       5. Learned counsel appearing on behalf of the State as

          well as learned counsel for the informant vehemently opposed the

          prayer for grant of bail to the petitioner.

                       6. Considering the submissions made on behalf of the

          parties, facts and circumstances of the case, nature of allegation
              Patna High Court CR. MISC. No.11697 of 2026(2) dt.25-02-2026
                                                          3/3




                        against the petitioner and the fact that co-accused persons have

                        already been granted regular bail by a Co-ordinate Bench of this

                        Court as well as the period of custody already undergone by him,

                        let the petitioner, named above, be enlarged on bail upon

                        furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

                        two sureties of the like amount each to the satisfaction of learned

                        Judicial Magistrate 1st Class, Bagaha, West Champaran/ concerned

                        Court in connection with Dhanaha P.S. Case No.366 of 2025,

                        subject to the following conditions:-

                                     (1) 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 their absence on two consecutive dates without sufficient

                        reason, his bail bonds shall be cancelled by the Trial Court.

                                     (2) If the petitioner tamper with the evidence or the

                        witness, in that case, the prosecution will be at liberty to move

                        for cancellation of bail bonds.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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