Patna High Court
Pappu Giri @ Vidya Bhushan GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner, holding that the allegations were speculative and no material evidence linked him to the alleged murder.
Summary
The petitioner, Pappu Giri, sought anticipatory bail after an FIR was lodged alleging his involvement in the murder of the informant’s son, Shyamakant Giri, under Sections 103(1), 238(a) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The informant claimed the petitioner and a co‑accused, Neetu Giri, had killed and concealed the body, but the petitioner argued that the informant was not an eye‑witness and no material evidence linked him to the crime. The State and the informant opposed the bail, contending the seriousness of the allegations. The Court examined the lack of cogent evidence and the principle that anticipatory bail may be granted when the accusation is purely speculative. Relying on Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, the Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties if arrested within eight weeks. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether anticipatory bail should be granted in the absence of substantive evidence and when the accusation is based merely on suspicion.
- Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, empowers the Court to grant anticipatory bail in this case.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 238(a), 3(5)
Subjects
- anticipatory bail
- murder allegation
- FIR
- suspicion
- Section 482
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61921 of 2025
Arising Out of PS. Case No.-179 Year-2025 Thana- KOTWA District- East Champaran
======================================================
Pappu Giri @ Vidya Bhushan Giri S/o Late Vinod Giri Resident of Pratap
Mathiya, P.S.- Sangrampur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Krishna Kant Singh, Adv.
For the State : Mrs.Nirmala Kumari, APP
For the Informant : Mr. Pramod Kumar Pandey, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 28-01-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 103(1), 238(a), 3(5) of
the Bhartiya Nyaya Sanhita, 2023.
3. As per F.I.R., son of informant namely Shyamakant
Giri (deceased) was working in the orchestra party of this
petitioner, where this petitioner had solemnized the marriage of
son of informant with Neetu Kumari, who was also working in
the orchestra party of this petitioner. It is further alleged that for
the last 5-6 months, the son of informant did not come to his
house, thereafter, the informant went to house of this petitioner
and enquired about her son, then this petitioner and Neetu
Patna High Court CR. MISC. No.61921 of 2025(5) dt.28-01-2026
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Kumari did not give any reply and stated that they have no
knowledge about Shyamakant Giri. The accused persons also
did not allow the informant to meet her grand-son. Informant
believes that this petitioner and co-accused Neetu Giri have
committed murder of her son and disappeared his dead-body.
4. Learned counsel for the petitioner submits that
from bare perusal of the F.I.R., it is apparent that informant is
not an eye-witness to the occurrence and only suspicion has
been raised against petitioner and co-accused Neetu Giri.
During investigation, no cogent material has been collected to
show complicity of this petitioner in the alleged occurrence.
5. Learned A.P.P. and learned counsel for the
informant vehemently opposed the bail petition.
6. However, in the facts and circumstances of the case
as well as material available on record, this Court is inclined to
extend the privilege of anticipatory bail to this petitioner and
accordingly, the prayer for anticipatory bail of petitioner is
allowed. Let the above named petitioner, in the event of
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned J.M. 1st Class, East Champaran, Motihari
Patna High Court CR. MISC. No.61921 of 2025(5) dt.28-01-2026
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in connection with Kotwa P.S. Case No. 179 of 2025, subject to
condition as laid down under Section 482 of the Bhartiya Nagrik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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