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Patna High Court

Santosh GiriversusThe State of Bihar

Decided
Disposal
DISMISSED

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the seriousness of the allegations, declined to grant anticipatory bail to any of the petitioners, including the withdrawn petitioner.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

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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