Patna High Court
Prince GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was denied.
Summary
Petitioner Prince Giri applied for anticipatory bail in connection with a case registered under the Bharatiya Nyaya Sanhita for offences including assault, criminal intimidation and attempt to cause grievous hurt. The prosecution alleges that Giri, while intoxicated, tried to cut down a tree on the informant's property, used a grinder cutter, and injured the informant's thigh. Giri contends the tree was on his own land and that the incident was a scuffle, not as alleged. The State opposed bail, highlighting two prior criminal antecedents, one being an alleged murder under IPC s.302. The High Court, noting the seriousness of the charges and the petitioner’s criminal record, rejected the anticipatory bail application but directed that if Giri surrenders within four weeks and files a regular bail petition, the matter be considered promptly.
Issues considered
- Whether anticipatory bail can be granted in view of the nature of the offences alleged under the Bharatiya Nyaya Sanhita.
- Whether the petitioner’s prior criminal antecedents, including an alleged murder, preclude the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118, 126(2), 329(3), 351(2), 352
- Indian Penal Code — s. 302
Subjects
- anticipatory bail
- criminal antecedent
- Bharatiya Nyaya Sanhita
- Indian Penal Code
- assault
- grievous hurt
- bail procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15387 of 2026
Arising Out of PS. Case No.-193 Year-2025 Thana- BELSAND District- Sitamarhi
======================================================
Prince Giri S/O Chitranjan Giri Resident of Ward No. 14, Near Bazar, P.O-
Bhandari, P.S- Belsand, Distt.- Sitamarhi, Bihar- 843316.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikas Ratan Bharti, Advocate
: Mr. Deepak Kumar, Advocate
: Mr. Kumar Abhishek, Advocate
For the State : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 12-03-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Belsand P.S. Case No. 193 of 2025 registered
for the offence punishable under Sections 126(2), 329(3), 118,
352, 351(2), 109(1) and 115(2) of the Bharatiya Nyaya Sanhita,
lodged on 17.10.2025 by the informant Amarjeet Sah.
3. As per the prosecution story, the informant alleged
that the petitioner who was intoxicated came to the door of the
informant and forcibly tried to cut down the Semar Tree planted
near his door, as the informant objected, he turned the Glander
Cutter Machine towards him which actually hit his thigh and got
injured. As the informant ran for his life, allegation is that the
petitioner followed him with the machine. Subsequently, the
Patna High Court CR. MISC. No.15387 of 2026(2) dt.12-03-2026
2/2
informant was taken to the hospital which followed the F.I.R..
4. Learned counsel for the petitioner submits that the
tree is in his own land, he wanted to get it cut, the informant
objected and a scuffle took place, nothing short of the allegation
made actually happened.
5. Learned APP opposes the prayer and has taken this
Court to paragraph no.3 to show that the petitioner has two
criminal antecedent which include and allegation under section
302 of the Indian Penal Code.
6. Considering the submissions of the parties as also
the observation of the learned Sessions Judge couple with the
fact that this petitioner has criminal antecedent, no relief can be
extended, the anticipatory bail application stands rejected.
7. However, if the petitioner surrenders within a
period of four weeks, files bail application, the court concerned
shall consider the matter and dispose it of preferably on the
same day.
(Rajiv Roy, J)
vinayak/-
U T
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