Patna High Court
Kanhaiya Giri @ Kanhaiya Kumar GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Kanhaiya Giri, sought anticipatory bail fearing arrest in a case (Manuapul P.S. Case No.2 of 2024) involving alleged offences under IPC sections 341, 323, 307, 34 and Arms Act section 27. The prosecution alleged that three persons on a motorcycle attacked an informant returning from a dance program, with one firing at his thigh. The petitioner contended that his name was absent from the FIR, that he was only later implicated by witnesses, that no overt act could be ascribed to him, and that he has a clean antecedent. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail under Section 438(2) CrPC read with Section 482(2) of the CrPC, imposing conditions such as surety bonds, presence in court, and verification of antecedents. The order clarified that any observations made would not affect the trial.
Issues considered
- Whether the petitioner is liable to be arrested in connection with the offences alleged in the FIR.
- Whether the prosecution has established a prima facie case against the petitioner sufficient to deny anticipatory bail.
- Whether the petitioner’s absence from the FIR and lack of direct involvement warrant the grant of anticipatory bail.
- Whether the conditions imposed under Section 438(2) CrPC are appropriate.
Legislation cited
- Arms Act, 1959 — s. 27
- Code of Criminal Procedure — s. 438(2), 482(2)
- Indian Penal Code — s. 307, 323, 34, 341
Subjects
- anticipatory bail
- Indian Penal Code
- Arms Act
- Criminal Procedure Code
- bail conditions
- common intention
- attempt to murder
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13969 of 2026
Arising Out of PS. Case No.-2 Year-2024 Thana- Manuapul District- West Champaran
======================================================
Kanhaiya Giri @ Kanhaiya Kumar Giri, S/O Ramakant Giri R/O Vill.- Parsa,
Giri Tola, P.s.- Manuapul, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Manuapul P.S. Case No. 2 of 2024 registered for the offences
under Sections 341, 323, 307, 34 of the Indian Penal Code and
Section 27 of the Arms Act, 1959.
3. The prosecution case is to the effect that while the
informant was returning from a dance program, three persons on
a motorcycle intercepted him. It is further alleged that the
informant got down from the motorcycle and one of the
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miscreants fired upon the left thigh of the informant and the
three persons, thereafter, fled away.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR and in fact his name
transpired during the course of investigation when some
witnesses have stated that the petitioner was present there and
had misbehaved with the dancer. It has further been submitted
that the informant had not named the petitioner even during the
filing of the FIR or in his re-statement and the villagers who
were present in the dance program had named the petitioner,
however, the specific allegation of overt act is against co-
accused Pankaj Giri, who is said to have fired upon the
informant's left leg. It has next been submitted that no case
under Section 307 of the IPC is made out in the facts and
circumstances of the case. It has lastly been submitted that the
petitioner has clean antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
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within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Manuapul P.S. Case No. 2 of 2024, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned 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.
7. Accordingly, the prayer for anticipatory bail is
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allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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