Patna High Court

Anupam Giri @ Anupam Kumar GiriversusThe State of Bihar

Decided: 5 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was refused due to the inordinate delay of nine years in filing the application.

Summary

Anupam Giri, fearing arrest in a criminal case (PS No.787 of 2017) involving offences under Sections 427 and 436 of the Indian Penal Code, filed an anticipatory bail application in 2026, nine years after the case was registered. The State opposed the application, highlighting the inordinate delay and the lack of a satisfactory explanation for filing the bail plea after such a long period. The court examined the delay as a material factor affecting the grant of anticipatory bail. Considering the nine‑year lapse and the petitioner’s failure to justify it, the court refused the anticipatory bail. Consequently, the petitioner remains liable to be arrested under the pending criminal proceedings.

Issues considered

Whether anticipatory bail can be granted when the application is filed after a nine‑year delay.
Whether the petitioner’s failure to provide a satisfactory explanation for the delay defeats the bail application.

Legislation cited

Indian Penal Code — s. 427, 436

Subjects

anticipatory bail
delay
Indian Penal Code
criminal procedure
bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74494 of 2025

                   Arising Out of PS. Case No.-787 Year-2017 Thana- PHULWARISHARIF District- Patna
                 ======================================================
                 Anupam Giri @ Anupam Kumar Giri S/o Late Yogendra Giri Resident of Rai
                 Chauk, Kurkuri Road near Shani Deo Mandir, P.S.- Phulwari Sharif, Distt.-
                 Patna
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Daya Shanker Pandey, Advocate
                 For the Opposite Party/s :      Mr. Umeshanand Pandit, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-02-2026                   Heard learned counsel for the petitioner and the State.
                                2. Petitioner apprehends arrest in Phulwari Sharif P. S.
                   Case No. 787 of 2017 registered for the offences punishable
                   under Sections 427, 436 of the Indian Penal Code.
                                3. At the outset, learned A.P.P. for the State
                   vehemently opposed the bail application and submitted that
                   petitioner has moved this application for grant of anticipatory
                   bail in a case registered in the year 2017 and there is no
                   satisfactory explanation as to why instant application has been
                   filed for inordinate delay of about nine years.
                                4. Considering the aforesaid contention and delay in
                   moving this anticipatory bail application, prayer for anticipatory
                   bail of the petitioner is refused.



                                          (Prabhat Kumar Singh, J)
Navya/-

U         T

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