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Patna High Court

Shiva GiriversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

Shiva Giri was arrested in connection with a case registered under Section 140(3) of the Bharatiya Nyaya Sanhita, later amended to include Section 103(1). The prosecution alleged that he was the driver of the vehicle in which a missing person, the informant's younger brother, was travelling. The petitioner claimed innocence, noting that the only material against him was his presence in the vehicle and that a co‑accused, Pragyan Kumar, had already been granted regular bail. The State opposed the bail application, but the court considered the nature of the accusation and the length of custody (since 23‑04‑2025) and allowed the bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

  • Whether regular bail should be granted to the petitioner under Sections 140(3) and 103(1) of the Bharatiya Nyaya Sanhita considering the nature of the offence and period of custody.

Legislation cited

Subjects

  • regular bail
  • Bharatiya Nyaya Sanhita
  • Section 140(3)
  • Section 103(1)
  • custody
  • co‑accused
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76899 of 2025
                       Arising Out of PS. Case No.-120 Year-2025 Thana- PANAPUR District- Saran
                 ======================================================
                 Shiva Giri S/O Lalbabu Giri R/O Village- Satjora, P.S- Panapur, Distt.- Saran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Devashish Giri, Advocate
                 For the Opposite Party/s :       Mr. Umeshanand Pandit, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   09-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Panapur P. S. Case No. 120 of 2025 in a case registered for the

                   offence punishable under Section 140(3) of the Bharatiya Nyaya

                   Sanhita to which Section 103(1) BNS was added later on.

                                3. As per prosecution case, younger brother of the

                   informant went missing on 4.4.25. F.I.R. was registered against

                   unknown.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Name of

                   the petitioner transpired during course of investigation and only

                   material that has come against petitioner is that he was driving

                   the vehicle on which the deceased was also travelling. It is
              Patna High Court CR. MISC. No.76899 of 2025(3) dt.09-01-2026
                                                          2/2




                        further submitted that similarly situated co-accused, namely,

                        Pragyan Kumar has already been granted regular bail by this

                        Hon’ble Court vide order dated 1.12.2025 passed in Cr. Misc.

                        No. 72518 of 2025. Petitioner is in custody since 23.04.2025.

                        Charge-sheet has already been submitted.

                                     5. However, learned A.P.P. for the State vehemently

                        opposed the bail application.

                                     6. Considering the nature of accusation and period of

                        custody, this bail application is allowed. The petitioner, above

                        named, is directed to be released on bail on furnishing bail bond

                        of Rs. 10,000/- (Ten thousand) with two sureties of the like

                        amount each to the satisfaction of the learned Chief Judicial

                        Magistrate, Saran at Chapra/ Successor Court in connection

                        with Panapur P. S. Case No. 120 of 2025.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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