Amit Kumar Giri @ Amit GiriversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38049 of 2026
                    Arising Out of PS. Case No.-509 Year-2025 Thana- PATAHI District- East Champaran
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                 Amit Kumar Giri @ Amit Giri S/o Suresh Giri Resident of Village and P.O.-
                 Narayanpur, Ward No. -10, P.S.- Patahi, District- East Champaran at Motihari.
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Dhananjay Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Shailendra Kumar, APP
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                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   17-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Patahi P.S. Case No. 509 of 2025 lodged on 08.12.2025,

                   for the offence punishable under Sections 191(2), 191(3), 190,

                   115(2), 118(1), 109(1), 74, 352, 351(2), 303(2) & 324(4) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution, FIR has been lodged against

                   13 named accused persons including the present petitioner and

                   four unknown persons. The allegation against the petitioner is

                   that he has assaulted the informant by farsa with a view to kill,

                   due to which, injury has been caused.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   submits that the informant and the petitioner, both are resident
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          of the same village and during baraat procession, the scuffling

          took place between the villagers due to which, the said

          occurrence took place in which, the informant has made 13

          persons as accused in this case. He submits that the injury of the

          informant is annexed as Annexure-P/2 and the said injury is

          simple in nature. He submits that under a deep rooted

          conspiracy, the present FIR has been lodged. Counsel further

          submits that from perusal of the FIR, it is clear that the alleged

          occurrence took place on 04.12.2025, whereas, the FIR has been

          lodged on 08.12.2025 and the case has been forwarded before

          the C.J.M on 12.12.2025 and the delay has not been explained.

          He submits that the entire family members have been made

          accused in this case intentionally and there is delay of not only

          four days, rather, there is delay of about eight days. He further

          submits that the petitioner has clean antecedent and he is ready

          to fulfill all the conditions whatsoever shall be imposed upon

          him.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that it is true that the delay in

          lodging the FIR has not been explained, but the allegation is

          there in the FIR.

                       6. As such, in the present facts and circumstances of
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                       this case considering that the occurrence took place on

                       04.12.2025 and the case has been forwarded before the C.J.M

                       on 12.12.2025 i.e. delay of about eight days and the injury of the

                       informant is alleged to be simple in nature, let the above named

                       petitioner be released on bail, in the event of arrest or surrender

                       before the Trial Court within a period of 4 weeks from today, on

                       furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

                       as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the

                       satisfaction of C.J.M., East Champaran at Motihari, in

                       connection with Patahi P.S. Case No. 509 of 2025, subject to the

                       conditions as laid down U/s 482(2) of the B.N.S.S., 2023.



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T