Patna High Court
Sanoj Giri @ Sanoj Kumar GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioners, subject to specified conditions.
Summary
The petitioners, Sanoj Giri and Sunny Kumar, were named in an FIR for alleged assault, bodily injury and alleged witch‑practice related offences under various sections of the Bhartiya Nyay Sanhita, 2023 and the Dyne (Prevention of Witch Practice) Act. They applied for anticipatory bail, claiming they were merely part of a mob and had no direct involvement in the physical assault. The State opposed the bail. The Court observed that the FIR did not specifically allege physical assault by the petitioners and that the allegations were general and omnibus. Consequently, the Court directed that the petitioners be released on anticipatory bail, subject to a bail bond of Rs 10,000 with two sureties and compliance with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order was conditioned on surrender within four weeks and adherence to the stipulated terms.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Cr.P.C. (or Section 482 of the B.N.S.S.) given the general nature of the allegations in the FIR.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 190, 191(2), 303(2), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- assault
- witch practice
- Bhartiya Nyay Sanhita
- Dyne Act
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27408 of 2026
Arising Out of PS. Case No.-46 Year-2026 Thana- PIPRAKOTHI District- East Champaran
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1. Sanoj Giri @ Sanoj Kumar Giri son of Yogendra Giri Resident Of
Village -Naya Tola Harpur, Ps -Pipra Kothi, Dist- East Champaran
2. Sunny Kumar Son of Shambhu Giri Resident Of Village -Naya Tola
Harpur, Ps -Pipra Kothi, Dist- East Champaran
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Pravin Kumar, Advocate
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 29-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The accused-petitioners, named in the F.I.R., are
apprehending their arrest in connection with Pipra Kothi
P.S. Case No. 46 of 2026 registered for the offences
punishable under Sections 191(2), 190, 126(2), 115(2),
117(2), 118(1), 109, 352, 351(2), 303(2) of the Bhartiya
Nyay Sanhita, 2023 (in short, the ‘B.N.S.’). and section 3 &
4 of the Dyne (Prevention of Witch Practice) Act.
3. As per FIR, petitioners along with other co-
accused persons assaulted the informant and others causing
head and bodily injury, where alleged assault was made
Patna High Court CR. MISC. No.27408 of 2026(2) dt.29-04-2026
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with intention to cause her death. The allegation of
humiliation for witch practice is also available.
4. Learned counsel appearing on behalf of the
petitioners submitted that allegation of physical assault is
not available against these petitioners rather they appears to
be the part of the mob only. Both petitioners claimed to be
the men of clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. In view of the aforesaid factual submissions and
by taking note of the fact as allegation of physical assault is
not specifically appears available against the petitioners and
prima facie the allegation, as alleged, appears very much
general and omnibus against the petitioners, accordingly,
both above-named petitioners, in the event of their
arrest/surrender within a period of four weeks from this
order, are directed to be enlarged on bail on furnishing of
bail bond of Rs.10,000/- (ten thousand only) each with two
sureties of the like amount each to the satisfaction of
learned Judicial Magistrate - 1st Class, Motihari, East
Champaran/concerned court in connection with Pipra Kothi
Patna High Court CR. MISC. No.27408 of 2026(2) dt.29-04-2026
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P.S. Case No. 46 of 2026, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C/Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita (in short
“B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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