Patna High Court
Bambam Giri @ Bambam Kumar GiriversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of antecedent.
Summary
The petitioner, Bambam Giri, sought anticipatory bail fearing arrest in a case involving multiple offences under the Bihar Narcotic and Smuggling Act (BNS) and the Bihar Prohibition and Excise Act, 2018. He alleged that the incident arose when a speeding vehicle blocked a police convoy, its occupant assaulted police and injured an informant, and that he was implicated solely on a confessional statement of another accused made in police custody, which he contended lacks evidentiary value. The petitioner had no possession of any seized vehicle and claimed a clean criminal antecedent. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNS, subject to a bond, sureties, and verification of the petitioner’s antecedent within six weeks, with the bail to be confirmed or cancelled based on that verification.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. and Section 482 BNS.
- Whether a confessional statement made by a co-accused in police custody is admissible for bail considerations.
- Whether the absence of seized property in the petitioner’s possession and lack of vehicle ownership affect the bail application.
- Whether the petitioner’s claim of a clean criminal antecedent is sufficient for granting bail.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 115(2), 126(2), 132, 281, 3(5), 351(2), 352, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- confessional statement
- clean antecedent
- Bihar Narcotic and Smuggling Act
- Bihar Prohibition and Excise Act
- Section 438 Cr.P.C.
- Section 482 BNS
- police assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2800 of 2026
Arising Out of PS. Case No.-102 Year-2025 Thana- GHATHO District- Samastipur
======================================================
Bambam Giri @ Bambam Kumar Giri, Son of Nagendra Giri, Resident of
Village Armauli Giri Tola, P.S. Ghatho, District Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sachin Kumar, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 281, 132, 351(2), 352 and 3(5) of the BNS as well as
Section 37 of the Bihar Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that on 02.10.2025 while he was proceeding for
performing his official duty along with the police personnel in a
government vehicle when a white Scorpio came at a high speed
and blocked the official vehicle and the occupant of the said
vehicle abused the police personnel and pelted stones which
caused injuries to the informant.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.2800 of 2026(2) dt.28-01-2026
2/3
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the confessional
statement of Rahul Kumar in police custody which does not
have any evidentiary value in the eye of law. It is next submitted
that even the vehicle which was seized does not belong to the
petitioner. It is reiterated and submitted that petitioner is a
person with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.500/- (Rupees Five Hundred) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Ghatoh
P.S. Case No. 102 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
Patna High Court CR. MISC. No.2800 of 2026(2) dt.28-01-2026
3/3
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.1,500/- with the Advocate Association
of the Patna High Court.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…