Patna High Court
MANJAY GIRIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted to the petitioner.
Summary
Manjay Giri was arrested in connection with a case of assaulting an informant on the head, charged under several sections of the Bihar Negotiable Statutes (BNS). He had been in custody since March 5, 2026 and had four prior convictions under IPC Section 323 for voluntarily causing hurt. Giri applied for bail, offering an undertaking not to tamper with evidence, while the State and the informant opposed the relief. The court considered the simple nature of the injury, the petitioner’s undertaking, and the length of custody, and decided to grant bail. Accordingly, bail was ordered on a bond of Rs. 10,000 with two sureties of the same amount, subject to the conditions of the Judicial Magistrate, 1st Class, Motihari.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the charges and his prior criminal record
- Whether the simple nature of the injury and the petitioner’s undertaking justify bail
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 117(2), 118, 126(2), 303(2), 303(3)(5)
- Indian Penal Code (IPC) — s. 323
Subjects
- bail
- assault
- simple injury
- prior criminal record
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34209 of 2026
Arising out of PS. Case No.-73 Year-2026 Thana- DUMARIAGHAT District- East
Champaran
======================================================
Manjay Giri S/o Ram Narayan Giri R/o vill - Rampur Khejuriya, P.S.-
Dumariya ghat, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsh Vardhan, Adv.
For the State : Mr. Ram Anurag Singh, APP
For the informant : Mr. Amit Kumar Singh, Adv.
Mr. Dhurendra Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail in Dumariya Ghat P.S.
Case No. 73 of 2026 registered for the offences under Sections
126(2), 115(2), 118, 117(2), 109, 303(2)/3(5) of BNS.
3. The allegation against the petitioner is of assaulting
the informant on head.
4. Learned counsel for the petitioner submits that as
per the impugned order the informant has sustained simple
injury. He further submits that charge-sheet has already been
submitted as such petitioner is no more required for
Patna High Court CR. MISC. No.34209 of 2026(3) dt.24-06-2026
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investigation. The petitioner undertakes that he will not tamper
the evidence. He also submits that the petitioner is in custody
since 05.03.2026 and has four criminal antecedents which are of
Section 323 IPC.
5. Learned Additional Public Prosecutor for the State
as well as learned counsel for the informant has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the undertaking given by the petitioner
and simple nature of injury and also the petitioner is in custody
since 05.03.2026, this Court is inclined to grant bail to the
petitioner.
7. Let the petitioner, above named, 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 learned Court of Judicial
Magistrate, 1 s t Class, Motihari, East Champaran in
connection with Dumariya Ghat P.S. Case No. 73 of
2026.
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
Patna High Court CR. MISC. No.34209 of 2026(3) dt.24-06-2026
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as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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