Patna High Court
Prem Giri @ Prem Kishore GiriversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court allowed the anticipatory bail application, granting bail to the petitioners subject to specified conditions.
Summary
The petitioners, Prem Giri and Chandan Giri, filed an anticipatory bail application fearing arrest in connection with a 2021 case involving offences under the IPC, Arms Act and NDPS Act. The prosecution’s case is based solely on a confessional statement of co‑accused Overshier Sahni, who allegedly recovered contraband and a pistol and implicated the petitioners. The petitioners argued that apart from this statement there is no evidence against them, they have no criminal antecedent, and similar co‑accused have been granted bail in earlier cases. The State opposed the bail. The Court, after considering the submissions and the lack of substantive evidence, ordered that the petitioners be enlarged on bail subject to surrender within four weeks, a bail bond of Rs 10,000 with two sureties, and conditions under Section 482(2) of the CrPC. Consequently, the anticipatory bail application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the sole reliance on a co‑accused’s confessional statement.
- Whether the absence of other evidence and the petitioners’ clean record warrant bail.
- Whether prior bail granted to similarly situated co‑accused influences the decision.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 120B, 414, 420, 467, 468, 471
- NDPS Act — s. 20(b)(ii)(c), 8
Subjects
- anticipatory bail
- bail
- IPC offences
- Arms Act
- NDPS Act
- confessional statement
- co‑accused
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19274 of 2026
Arising Out of PS. Case No.-278 Year-2021 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
1. Prem Giri @ Prem Kishore Giri Son of Ramdhar Giri R/o Village - Dhekan
Bazar, P.S. - Motihari Muffasil, Dist. - East Champaran.
2. Chandan Giri @ Amit Kumar Giri Son of Baidyanath Giri R/o Village -
Dhekan Bazar, P.S. - Motihari Muffasil, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sachida Nand Rai, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The instant application for anticipatory bail has been
filed by the petitioners apprehending their arrest in connection
with Muffasil P.S. Case No. 278 of 2021 instituted for the offence
under Sections 414, 420, 467, 468, 471, 120B of the Indian Penal
Code, under Sections 25(1-b)a, 26 & 35 of the Arms Act and
under Sections 8, 20(b)(ii)(c) of the NDPS Act.
3. The case of the prosecution, in short, is that from co-
accused Overshier Sahni certain contraband and country made
pistol was recovered and he has named the petitioners.
4. Learned counsel for the petitioners has submitted
that save and except the confessional statement of co-accused
Overshier Sahni, there is nothing against the petitioners. It has
Patna High Court CR. MISC. No.19274 of 2026(2) dt.10-04-2026
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further been submitted that similarly situated co-accused persons
have been granted bail by learned Co-ordinate Benches of this
Court vide Cr. Misc. Nos. 26354 of 2022 and 64504 of 2022.
Learned counsel for the petitioners has submitted that the
petitioners are having no criminal antecedent.
5. Learned APP for the State has vehemently opposed
the bail of the petitioners.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this Court
is inclined to enlarge the petitioners on bail. The petitioners are
directed to surrender in the Court below within a period of four
weeks from today and in the event of their arrest or surrender in
connection with Muffasil P.S. Case No. 278 of 2021, they will be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
ten thousand) each of them with two sureties of the like amount
each to the satisfaction of learned Exclsuive Special Judge, Court
No.2, NDPS Act, East Champaran, Motihari, subject to the
conditions as laid down under Section 482(2) of the BNSS.
7. Accordingly, the present bail application stands
allowed.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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