Patna High Court
Santosh GiriversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court dismissed the anticipatory bail application for all petitioners.
Summary
The petitioners, a group of seven individuals from Asudhan Ke Mathiya, sought anticipatory bail fearing arrest in connection with a criminal case (PS Case No. 22 of 2025) alleging offences under Sections 191(2), 190, 115(2), 126, 351(2) and 109 of the Indian Penal Code. The prosecution alleged that the petitioners assaulted a victim causing grievous injuries. During the hearing, counsel for the petitioners withdrew the application on behalf of petitioner No. 5. The Court, after considering the seriousness of the allegations, declined to grant anticipatory bail to any of the petitioners, including the withdrawn petitioner. The order directed the remaining petitioners to surrender before the lower court within four weeks and to apply for regular bail, failing which the Superintendent of Police would be directed to arrest them. The order was communicated to the Superintendent of Police for compliance.
Issues considered
- Whether anticipatory bail can be granted to the petitioners accused under Sections 191(2), 190, 115(2), 126, 351(2) and 109 of the Indian Penal Code
- Effect of withdrawal of the anticipatory bail application by one of the petitioners
Legislation cited
- Indian Penal Code — s. 109, 115(2), 126, 190, 191(2), 351(2)
Subjects
- anticipatory bail
- Indian Penal Code
- criminal procedure
- bail
- withdrawal of application
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44466 of 2025
Arising Out of PS. Case No.-22 Year-2025 Thana- AAYAR District- Bhojpur
======================================================
1. Santosh Giri S/O Umapati Giri Resident of Village- Asudhan Ke Mathiya,
P.S- Ayar, Distt.- Bhojpur.
2. Satendra Giri S/O Kedar Giri Resident of Village- Asudhan Ke Mathiya, P.S-
Ayar, Distt.- Bhojpur.
3. Arun Giri @ Aru Giri S/O Nazir Giri Resident of Village- Asudhan Ke
Mathiya, P.S- Ayar, Distt.- Bhojpur.
4. Sunny Giri @ Om Prakash Giri S/O Gora Giri Resident of Village- Asudhan
Ke Mathiya, P.S- Ayar, Distt.- Bhojpur.
5. Ajit Giri S/O Late Rajnath Giri Resident of Village- Asudhan Ke Mathiya,
P.S- Ayar, Distt.- Bhojpur.
6. Golu Giri S/O Satendra Giri Resident of Village- Asudhan Ke Mathiya, P.S-
Ayar, Distt.- Bhojpur.
7. Vikki Giri S/O Arun Giri @ Aru Giri Resident of Village- Asudhan Ke
Mathiya, P.S- Ayar, Distt.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravindra Kumar
For the Opposite Party/s : Mr.Bhanu Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Ayar P.S. Case No. 22 of 2025 registered for the
offence under Sections 191(2), 190, 115(2), 126, 351(2), 109 of
the BNS.
3. As per the prosecution case, the petitioners are
accused of assaulting the victim causing grievous/fracture
injuries upon the victim.
Patna High Court CR. MISC. No.44466 of 2025(4) dt.21-01-2026
2/2
4. Learned counsel for the petitioners prays for and
is permitted to withdraw this application on behalf of the
petitioner no. 5.
5. Accordingly, this application is dismissed as
withdrawn on behalf of the petitioner no. 5. So far as petitioner
nos. 1 to 4 and 6 to 7 are concerned, considering the nature of
allegation levelled against them, this Court is not inclined to
grant anticipatory bail to them.
6. Accordingly, this application for anticipatory bail
is dismissed with regard to all the petitioners including
petitioner no. 5.
7. The petitioner nos. 1 to 4 and 6 to 7 are directed
to surrender in the Court below within four weeks from today
and pray for regular bail failing which the Superintendent of
Police, Bhojpur will take all steps for arrest of the petitioners.
8. Let a copy of this order this order be
communicated to the Superintendent of Police, Bhojpur through
FAX for its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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