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Patna High Court

Sanoj Giri @ Sanoj Kumar GiriversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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
                                            2/3




          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
                                                       3/3




                     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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