Patna High Court
Pankaj Giri @ Pankaj Kumar BhartiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court held that, given the petitioner’s clean record, the alleged compromise and counter‑case, anticipatory bail is appropriate and granted under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Pankaj Giri, sought anticipatory bail fearing arrest in a case (Sahajitpur PS Case No.84 of 2023) that alleged his involvement in assault, robbery and attempted murder under several IPC sections. The prosecution alleged that Giri and others attacked the informant’s relative’s younger son, inflicted injuries with an iron rod, and extorted money and a gold coin. Giri contended he was innocent, had no prior criminal record, and that a compromise and a counter‑case existed between the parties. The State opposed the bail application. Considering the lack of antecedent, the alleged compromise, and the counter‑case, the court exercised its power under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita to grant anticipatory bail, subject to a bail bond of Rs 10,000 with two sureties. The order directed that the petitioner be released on bail if arrested within six weeks, subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita despite the allegations under IPC sections 341, 323, 307, 379, 504, 506/34.
- Whether the existence of a compromise and a counter‑case between the parties warrants the grant of anticipatory bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 307, 323, 34, 341, 379, 504, 506
Subjects
- anticipatory bail
- Section 482
- Bhartiya Nagarik Suraksha Sanhita
- Indian Penal Code
- compromise
- counter case
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16885 of 2026
Arising Out of PS. Case No.-84 Year-2023 Thana- SAHAJITPUR District- Saran
======================================================
Pankaj Giri @ Pankaj Kumar Bharti Son of Late Asheshwar Giri @ Aseshwar
Bharti R/o - Village - Maricha, P.S. - Sahajitpur, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mani Shankar Mishra, Adv.
For the Opposite Party/s : Mr.Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Sahajitpur P.S. Case No.84 of 2023 registered for the
offence under Sections 341, 323, 307, 379, 504, 506/34 of the
IPC.
3. The prosecution case, in brief is that the informant
relative’s younger son was being beaten up by (1) Pankaj Giri,
son of late Asheshwar Giri (2) Santosh Giri, son of Manager
Giri, resident of Maricha, Police Station Sahajitpur, District
Saran. Then the boy shouted loudly, then informant went there
and stopped them from beating. At this, both the persons, while
abusing, hit me on the head with the iron rod in their hands with
the intention of killing me, due to which my head got badly cut.
Then Santosh Giri took Rs. 2000 and a gold coin from my
Patna High Court CR. MISC. No.16885 of 2026(2) dt.25-03-2026
2/3
pocket. Hearing the noise, (3) Manshi Giri S/o Late Ramdhari
Giri (4) Parvati Kuvar W/o Late Asheshwar Giri (5) Neha
Kumari (6) Rekha Kumari (7) Rani Kumari all three S/o Late
Asheshwar Giri, all residents of Maricha i.e. Sahajitpur, District-
Saran, came and started beating me with sticks. At this, people
from the neighbourhood came and calmed the fight. And while
leaving, they threatened that they would kill everyone at night.
These people are very determined people. They can also beat us
up or even kill us.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence and he has
falsely been implicated in this case. Learned counsel for the
petitioner further submits that there is a general and omnibus
allegation against the petitioner of abuse and assault and the
petitioner does not have any criminal antecedent. Learned
counsel for the petitioner next submits that some kind of a
compromise has been entered between both the parties and there
is case and counter case between the parties, which has been
specifically stated in paragraph-10 of the application.
5. The learned APP opposes the anticipatory bail
application.
6. Considering the fact that there is a general and
Patna High Court CR. MISC. No.16885 of 2026(2) dt.25-03-2026
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omnibus allegation against the petitioner of abuse and assault
and also taking into account that the petitioner does not have
any criminal antecedent, and further that some kind of a
compromise has been entered between both the parties and also
taking into account that it is the case of counter case, which has
been specifically stated in paragraph-10 of the application, this
Court inclined to grant privilege of anticipatory bail to the
petitioner.
7. Accordingly, the petitioner above named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
anticipatory bail on his furnishing bail-bonds in the sum of
Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Judicial
Magistrate, Ist Class, Saran, Chapra in connection with
Sahajitpur P.S. Case No.84 of 2023, subject to the conditions
laid down under Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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