Patna High Court
Pankaj Giri @ Pankaj Kumar GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail, directing enlargement on bail if the petitioner is arrested, subject to conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Pankaj Giri, was implicated in a 2024 police case alleging offences under the IPC, the Bihar National Security Act, 2023 and the Arms Act, based on an FIR that named unknown assailants who shot at an informant. The petitioner contended that he was falsely implicated, that no incriminating material was recovered from him, and that the case rested solely on hearsay. He had not previously applied for anticipatory or regular bail, and the State opposed his bail request. The court examined the lack of material evidence and the fact that the FIR was lodged against unknown persons, and, invoking Section 482(2) of the B.N.S.S., 2023, allowed the petition, directing that the petitioner be enlarged on bail if arrested, subject to a cash bond and sureties and specific conditions. The order also provided for cancellation of bail if undisclosed criminal antecedents or false statements about prior bail petitions were discovered.
Issues considered
- Whether bail can be granted in a case where the FIR names unknown persons and no incriminating material is found against the accused
- Whether the petitioner’s failure to apply earlier for anticipatory or regular bail bars the grant of bail
- Whether Section 482(2) of the Bihar National Security Act, 2023 permits enlargement on bail under the circumstances
Legislation cited
- Arms Act — s. 27
- Bihar National Security Act, 2023 — s. 109(1), 115(2), 126(2), 3(5), 482(2)
- Indian Penal Code — s. 307, 323, 34, 341
Subjects
- bail
- anticipatory bail
- criminal procedure
- Indian Penal Code
- Arms Act
- Bihar National Security Act
- hearsay
- lack of material evidence
- unknown assailants
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18678 of 2026
Arising Out of PS. Case No.-2 Year-2024 Thana- Manuapul District- West Champaran
======================================================
Pankaj Giri @ Pankaj Kumar Giri, Son of Sri Chandrakishore Giri, R/o
Village - Parsa, P.S. - Manuapul, Dist. - West Champaran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Sharad Kumar Verma, Advocate
For the State : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
4 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present petition has been filed on behalf of the
petitioner, apprehending his arrest, in connection with Manuapul
P.S. Case No.02 of 2024, dated-10.03.2024, registered for the
offences punishable under Sections 341, 323, 307/34 of the
Indian Penal Code corresponding to Sections 126(2), 115(2),
109(1)/3(5) of the B.N.S., 2023 and Section 27 of the Arms Act.
3. The prosecution case as emerging from the written
report is that the Informant was shot at by three unknown
persons riding motorcycle.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in the
case. He further submits that the FIR is lodged against the
Patna High Court CR. MISC. No.18678 of 2026(4) dt.17-06-2026
2/3
unknown persons and the Petitioner has nothing to do with the
alleged offence. Even during investigation, no incriminating
material has been recovered from the Petitioner. The whole case
is based only on hearsay and suspicion.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
petition that the petitioner has been made accused in one other
case.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the fact that the FIR was lodged
against unknown and nothing incriminating material like a fire
arm has been recovered from the Petitioner, this petition is
allowed, directing the petitioner, above-named, to be enlarged
on bail, in the event of his arrest or surrender before the court
below within a period of eight weeks from the date of receipt /
production of a copy of this order, on his furnishing bail bonds
in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned concerned
Court below, in connection with Manuapul P.S. Case No.02 of
Patna High Court CR. MISC. No.18678 of 2026(4) dt.17-06-2026
3/3
2024, subject to the conditions as laid down under Section 482
(2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has criminal antecedents other than the
disclosed one, learned court below shall cancel the bail bonds of
the petitioner after hearing him and getting satisfied that the
petitioner has concealed his criminal antecedents despite his
knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.