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Patna High Court

Kanhaiya Giri @ Kanhaiya Kumar GiriversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.13969 of 2026(2) dt.26-02-2026
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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
Patna High Court CR. MISC. No.13969 of 2026(2) dt.26-02-2026
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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
              Patna High Court CR. MISC. No.13969 of 2026(2) dt.26-02-2026
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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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