Patna High Court
Akash Giri @ Akash Kumar GiriversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is not granted; the applications are dismissed.
Summary
The petitioners, Akash Giri, Md. Azharuddin and Amgir Mukhiya, filed anticipatory bail applications fearing arrest in connection with Barharia Police Station Case No. 421 of 2024, which alleges they shot and killed a person, resulting in five gunshot injuries. The offences alleged are under Sections 103(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The Patna High Court, after hearing counsel, held that the nature and gravity of the alleged murder and arms offences warranted denial of anticipatory bail. Consequently, the applications were dismissed and the petitioners were ordered to surrender within four weeks and seek regular bail, failing which police may arrest them. The court clarified that its observations are limited to these applications and do not prejudice any later stage of the proceedings.
Issues considered
- Whether anticipatory bail should be granted to the accused under Sections 103(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act given the seriousness of the alleged murder.
- Whether the gravity of the offence justifies denial of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(3), 3(5)
Subjects
- anticipatory bail
- murder
- arms act
- high court
- bail jurisdiction
- serious offence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72696 of 2025
Arising Out of PS. Case No.-421 Year-2024 Thana- BARHARIA District- Siwan
======================================================
Akash Giri @ Akash Kumar Giri S/O Late Bijay Giri @ Vijay Giri Resident
of Village - Madhopur, P.S. - Barharia, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 73248 of 2025
Arising Out of PS. Case No.-421 Year-2024 Thana- BARHARIA District- Siwan
======================================================
Md. Azharuddin @ Dulam S/o Md. Nasruddin @ Nashruddin R/o Village-
Nawalpur Badi Takiya, P.S.- Siwan Town, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 76999 of 2025
Arising Out of PS. Case No.-421 Year-2024 Thana- BARHARIA District- Siwan
======================================================
Amgir Mukhiya @ Alamgir Mukhiya @ Alamgir @ Aamgeer Mukhiya Son
of Late Maruf Miya Resident of Village- Gausi Hata, P.S.- Barharia, District-
Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 72696 of 2025)
For the Petitioner/s : Mr. Bijay Prakash Singh
For the Opposite Party/s : Mr. Ram Anurag Singh
(In CRIMINAL MISCELLANEOUS No. 73248 of 2025)
For the Petitioner/s : Mr. Bijay Prakash Singh
For the Opposite Party/s : Mr. Ram Anurag Singh
(In CRIMINAL MISCELLANEOUS No. 76999 of 2025)
For the Petitioner/s : Mr. Bijay Prakash Singh
For the Opposite Party/s : Mr. Humayou Ahmad Khan
======================================================
Patna High Court CR. MISC. No.72696 of 2025(3) dt.21-01-2026
2/3
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 21-01-2026 These cases are arising out of the same P.S. Case i.e.,
Barharia P.S. Case No. 421 of 2024; therefore, with the consent
of the parties, they are being heard together and are being
decided by a common order.
2. Heard the learned counsel for the petitioners and
the learned counsel for the State.
3. The petitioners apprehend arrest in connection with
Barharia P.S. Case No 421 of 2024 registered for offences under
Sections 103(3) & 3(5) of the Bharatiya Nyaya Sanhita, 2023
and Section 27 of the Arms Act.
4. As per the prosecution case, the accused persons
are said to have shot and killed the deceased. There are five
gunshot injuries on the dead body of the deceased.
5. Considering the nature and the gravity of the
offence, this Court is not inclined to grant the anticipatory bail
to the petitioners.
6. Accordingly, these applications are dismissed.
7. The petitioners are directed to surrender in the court
below within a period of four weeks from today and seek
regular bail, if so advised, failing which the Superintendent of
Police, Siwan will take all steps for the arrest of the petitioners.
Patna High Court CR. MISC. No.72696 of 2025(3) dt.21-01-2026
3/3
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present applications
and shall not prejudice the case of the petitioners at any
subsequent stage of the proceedings.
9. Let a copy of this order be communicated to the
Superintendent of Police, Siwan through FAX for its compliance
forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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