Patna High Court

Lokesh Giri @ Lokesh Kumar GiriversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL REJECTED
Bench: ANIL KUMAR SINHA

Holding

The Court declined to grant anticipatory bail to the petitioner.

Summary

The petitioner, Lokesh Giri, was implicated in a case alleging offences under Sections 147, 341, 323, 307, 379 and 504 of the Indian Penal Code for assaulting an informant's father with various weapons. He claimed the allegations were false and stemmed from personal enmity, noting that no injury report had been produced. The petitioner filed an anticipatory bail application before the Sessions Judge in 2021, which was withdrawn, and a second application on 30‑05‑2024, which was also dismissed. He then approached the Patna High Court seeking anticipatory bail. The Court, after reviewing the record and prior dismissals, refused to grant anticipatory bail, stating that the petitioner could surrender and apply for regular bail if desired.

Issues considered

Whether the petitioner is entitled to anticipatory bail despite prior applications being withdrawn or dismissed
Whether the nature of the alleged offences under the IPC precludes the grant of anticipatory bail

Legislation cited

Indian Penal Code — s. 147, 307, 323, 341, 379, 504

Subjects

anticipatory bail
Indian Penal Code
assault
criminal procedure
bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41671 of 2025
                      Arising Out of PS. Case No.-273 Year-2021 Thana- DARIYAPUR District- Saran
                 ======================================================
                 Lokesh Giri @ Lokesh Kumar Giri S/o Mainejar Giri Village- Math Chilave,
                 PS- Dariyapur, Distt.- Saran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nalin Kumar
                 For the Opposite Party/s :       Mr. Yogendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

5   21-01-2026                     1. Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                   2. This application, for grant of anticipatory bail,

                   arises out of Dariyapur Police Station Case No. 273 of 2021,

                   disclosing offences under Sections 147, 341, 323, 307, 379, 504

                   of the Indian Penal Code.

                                   3. As per the prosecution case, on 12.06.2021,

                   while the informant's father was coming towards his home and

                   no sooner than reached near Mohanpur, the petitioner along with

                   other accused persons, total 11 in numbers, surrounded him and

                   assaulted him by danda, gandasi, gun and iron rod. It has further

                   been alleged that co-accused Dipan Giri assaulted the

                   informant's father by iron rod and the co-accused Dipak Giri

                   assaulted with gandasi.
Patna High Court CR. MISC. No.41671 of 2025(5) dt.21-01-2026
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                          4. Learned counsel for the petitioner submits that

          the petitioner has falsely been implicated in this case due to

          previous enmity, which would be evident from the FIR itself.

          The allegation against the petitioner is general and omnibus in

          nature and from the case diary, it would be evident that no injury

          report has been brought by the prosecution.

                          5. Learned Counsel for the State, referring to the

          case diary, submits that it is true that opinion of the doctor is

          still awaited and the injury report has not been brought on

          record.

                          6. I have heard learned counsel for the parties and

          have gone through the materials available on record, including

          the impugned order. It appears from the impugned order that

          petitioner had filed anticipatory bail application before the

          learned Sessions Judge in the year 2021 and subsequently, it was

          dismissed as withdrawn. Again, a second anticipatory bail

          application was filed on 30.05.2024 and after dismissal of the

          same, petitioner has approached this Court for grant of

          anticipatory bail. Accordingly, I am not inclined to grant the

          petitioner privilege of anticipatory bail on the second

          application filed before the learned Sessions Judge. Accordingly,

          this application stands rejected.
           Patna High Court CR. MISC. No.41671 of 2025(5) dt.21-01-2026
                                                       3/3




                                  7. However, if the petitioner surrenders before the

                     concerned Court and seeks regular bail, the same may be

                     considered by the concerned Court on its own merit without

                     being prejudiced by the fact that anticipatory bail of the

                     petitioner has been rejected by this Court.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T

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