Patna High Court
Raj Kishor Giri @ Rajkishor GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted bail to the petitioner, holding that the circumstantial nature of the evidence and the early stage of the investigation warranted release on bail.
Summary
Petitioner Raj Kishor Giri was arrested in connection with a murder investigation (Jagdishpur PS Case No. 269 of 2025) under Sections 103(1), 61(2), 108 and 3(5) of the Bihar Negotiable Substances Act. The informant alleged that the dead body of her husband was recovered from a field belonging to a third party. The petitioner contended that he was falsely implicated, there was no direct evidence or witness against him, and he had only one prior criminal antecedent. The State opposed the bail application. The Court observed that the case was not at the final stage, the evidence was purely circumstantial and could be fully examined only at trial, and therefore granted bail on a bond of Rs.10,000 with two sureties, noting that the order was prima facie and would not affect the trial.
Issues considered
- Whether bail should be granted in a case where the evidence is solely circumstantial and the investigation is not at the final stage
- Whether the petitioner’s prior criminal antecedent precludes bail
Legislation cited
- Bihar Negotiable Substances Act — s. 103(1), 108, 3(5), 61(2)
Subjects
- bail
- circumstantial evidence
- pre‑trial detention
- criminal procedure
- Bihar Negotiable Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33492 of 2026
Arising Out of PS. Case No.-269 Year-2025 Thana- Jagdishpur District- West Champaran
======================================================
Raj Kishor Giri @ Rajkishor Giri S/o Late Vishwanath Giri R/o vill -
Bahoranpur, P.S.- Jagdishpur, Distt. - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv.
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Jagdishpur
PS Case No. 269 of 2025 instituted for the offences under
Sections 103(1), 61(2) of the BNS in which chargesheet has
been submitted for offence under Section 108, 3(5) of the BNS.
3. The allegation is that dead body of the husband of the
informant was recovered from the field of Raghunath Prasad.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. There is no specific overt act attributed to the
petitioner nor there is any witness to the alleged killing of the
deceased. The petitioner is in custody since 05.01.2026 and has
got one criminal antecedent.
Patna High Court CR. MISC. No.33492 of 2026(3) dt.24-06-2026
2/2
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering that the case is not even of last seen,
evidence is circumstantial in nature which could be proved only
at the time of trial, this Court is inclined to grant bail to the
petitioner.
7. Let the petitioner be released on bail on furnishing bail
bonds of Rs.10,000/- (Ten thousand) with two sureties of the
like amount each to the satisfaction of concerned Court in
connection with Jagdishpur PS Case No. 269 of 2025.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Siddharth Soni/-
U T
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