Patna High Court
Rohit Giri @ Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioners subject to the conditions imposed under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, six residents of Naya Tola, Harpur, sought anticipatory bail fearing arrest in a case (Piprakothi PS Case No. 46 of 2026) alleging offences under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the Prevention of Witch Practices Act. The FIR alleged that they, with common intention, assaulted an informant and her son. The petitioners contended they were innocent and highlighted that similarly situated co‑accused had been granted anticipatory bail in Cr. Misc. No. 27408 of 2026. The State opposed the bail. The Court, noting the precedent and the circumstances, allowed the anticipatory bail application, directing the petitioners to surrender within four weeks and furnish bail bonds with sureties, subject to conditions under Section 482(2) of the BNSS. The order was limited to bail considerations and not an assessment of the merits of the criminal allegations.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita in view of the alleged offences.
- Whether the precedent of anticipatory bail granted to co‑accused in Cr. Misc. No. 27408 of 2026 is applicable to the present petition.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115, 117, 118, 126, 190, 191, 303, 351, 352, 482
- Dyne Act (Prevention of Witch Practices Act) — s. ¾
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Prevention of Witch Practices Act
- Section 482
- common intention
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37197 of 2026
Arising Out of PS. Case No.-46 Year-2026 Thana- PIPRAKOTHI District- East Champaran
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1. Rohit Giri @ Rohit Kumar S/o Vijay Giri Resident Of Village - Naya Tola,
Harpur, P.s. - Piprakothi, Dist. East Champaran.
2. Akash Kumar S/o Sikil Devo Giri @ Sikildev Giri Resident Of Village -
Naya Tola, Harpur, P.s. - Piprakothi, Dist. East Champaran.
3. Rajan Kumar Giri @ Rajan Giri @ Rajan Kumar S/o Vijay Giri Resident Of
Village - Naya Tola, Harpur, P.s. - Piprakothi, Dist. East Champaran.
4. Rajendra Giri S/o Late Gangadeo Giri Resident Of Village - Naya Tola,
Harpur, P.s. - Piprakothi, Dist. East Champaran.
5. Vijay Giri S/o Yogendra Giri Resident Of Village - Naya Tola, Harpur, P.s. -
Piprakothi, Dist. East Champaran.
6. Rajiv Kumar S/o Umesh Giri Resident Of Village - Naya Tola, Harpur, P.s. -
Piprakothi, Dist. East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pravin Kumar
For the Opposite Party/s : Mr.Uday Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Piprakothi P.S. Case No. 46 of 2026 registered for offences
under Sections 191(2), 190, 126(2), 115(2), 117(2), 118(1), 109,
352, 351(2), 303(2) of the Bharatiya Nyaya Sanhita, 2023 and
Section ¾ of the Dyne Act (Prevention of Witch Practices Act).
3. As per the FIR, the petitioners and others in
Patna High Court CR. MISC. No.37197 of 2026(2) dt.15-06-2026
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furtherance of common intention surrounded the informant and
assaulted her and when her son tried to save her, they also
assaulted him.
4. Learned counsel for the petitioners submits that the
petitioners are quite innocent and have not committed any
offence. He further submits that the similarly situated co-
accused persons have been granted anticipatory bail by a co-
ordinate Bench of this Court in Cr. Misc. No. 27408 of 2026
vide order dated 29.04.2026.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the facts and circumstances of the case
and the fact that similarly situated co-accused persons have been
granted anticipatory bail by a co-ordinate Bench of this Court,
this application for anticipatory bail is allowed.
7. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Court below where the case is pending/successor court in
connection with Piprakothi P.S. Case No. 46 of 2026 subject to
Patna High Court CR. MISC. No.37197 of 2026(2) dt.15-06-2026
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the conditions as laid down under Section 482(2) of the BNSS.
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.
(Sandeep Kumar, J)
Shishir/-
U T
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