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Patna High Court

Govind Giri @ Baidhnath Giri @ Vidhanand PuriversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The Court refused bail, holding that the seriousness of the allegations and supporting medical evidence preclude the petitioner’s release.

Summary

The petitioner, Govind Giri, was arrested on 13 November 2025 in connection with FIR No. 366/2025 alleging assault on the mother of an informant, resulting in her death. The FIR listed multiple offences under the Bihar Narcotic Substances Act, 2023, later amended to include Section 103(1). The petitioner pleaded for bail, claiming a clean record and that the allegations were fabricated due to political rivalry, with no specific act attributed to him. The State opposed bail, citing the FIR’s specific allegation of assault and supporting medical evidence of the victim’s injuries. The Court, after considering the seriousness of the charges and the medical proof, refused the bail application, concluding that the petitioner should remain in custody.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences alleged in the FIR.
  • Whether the allegations against the petitioner constitute a specific and cognizable offence justifying denial of bail.

Legislation cited

Subjects

  • bail
  • assault
  • homicide
  • FIR
  • medical evidence
  • political rivalry

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23061 of 2026
                  Arising Out of PS. Case No.-366 Year-2025 Thana- DHANAHA District- West Champaran
                 ======================================================
                 Govind Giri @ Baidhnath Giri @ Vidhanand Puri S/o- Brijraj Giri R/v-
                 Chhitauna Tola PS- Dhanaha Dist- West Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bakshi S.R.P. Sinha, Sr.Advocate
                                          :      Mr.Shahbaj Alam, Advocate
                 For the Opposite Party/s :      Ms.Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   03-07-2026                          Heard Mr.Bakshi S.R.P. Sinha, learned senior

                   counsel for the petitioner, who has appeared through virtual

                   mode, learned counsel for the informant and Ms.Veena Kumari

                   Jaiswal, learned A.P.P. for the State.

                                 2. The petitioner seeks bail, who is in custody since

                   13.11.2025 in connection with Dhanaha P.S. Case No. 366 of

                   2025, F.I.R. dated 12.11.2025 registered for the offence

                   punishable under Sections 126(2), 115(2), 118(1), 109(1), 352,

                   351(3), 303(2), 3(5) of BNS, 2023 but later on amended Section

                   103(1) has been added.

                                 3. Allegation against the petitioner is that he assaulted

                   to the mother of the informant, namely, Guma Devi by means of

                   Bakua causing head injury due to which she died in course of
Patna High Court CR. MISC. No.23061 of 2026(4) dt.03-07-2026
                                            2/3




          treatment.

                       4. Learned senior counsel appearing for the petitioner

          submits that the petitioner has clean antecedent. The allegation

          as alleged in the FIR is false and fabricated and the petitioner

          has not committed any offence as alleged in the FIR. From a

          bare perusal of the FIR it appears that due to some political

          rivalry the present occurrence has taken place. There is case and

          counter case and there is no specific allegation of any assault or

          overt-act attributed against the petitioner rather there is general

          and omnibus allegation against all the accused persons including

          the petitioner.

                       5. Learned counsel for the informant and learned APP

          for the State, on the other hand, have vehemently opposed the

          prayer for bail of the petitioner and submits that from a bare

          perusal of the FIR it appears that there is direct and specific

          allegation against the petitioner that he has assaulted to the

          mother of the informant and she has died during her treatment.

                       6. Considering the nature of allegation against the

          petitioner in the FIR supported by the medical evidence, I am

          not inclined to enlarge the petitioner on bail in connection with

          Dhanaha P.S. Case No. 366 of 2025 pending in the court of

          learned Judicial Magistrate-1st Class, Bagaha, West Champaran.
               Patna High Court CR. MISC. No.23061 of 2026(4) dt.03-07-2026
                                                           3/3




                                      7. Prayer is refused.


                                                           (Rajesh Kumar Verma, J)

Nitesh/-

U          T


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