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Patna High Court

Raj Kumar GiriversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the petitioner’s lack of prior criminal record, the relatively short period of custody and the existence of a case and counter‑case, bail should be granted.

Summary

Petitioner Raj Kumar Giri was arrested in connection with an assault case (Baheri P.S. Case No. 124 of 2025) involving alleged attacks on an informant and his family, and damage to property. The prosecution alleged that Giri, along with co‑accused, inflicted grievous injuries and pelted bricks and stones. Giri’s counsel argued that he was falsely implicated, that there is a case and counter‑case, that he has no prior criminal record, and that he has been in custody since 21‑08‑2025. The State opposed bail. Considering the lack of antecedents, the short period of custody, and the factual disputes, the court inclined to grant bail. The petitioner was released on bail upon furnishing a bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

  • Whether the petitioner is entitled to bail for the offences under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the period of custody, lack of prior criminal record, and existence of a case‑and‑counter‑case justify granting bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • Bharatiya Nyaya Sanhita
  • no prior record
  • case and counter‑case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79160 of 2025
                      Arising Out of PS. Case No.-124 Year-2025 Thana- BAHERI District- Darbhanga
                 ======================================================
                 Raj Kumar Giri S/O Ram Chandra Giri R/o Vill.- Korigama, P.S.- Baheri,
                 Dist.- Darbhanga (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramhansh Kumar Puri, Advocate
                 For the Opposite Party/s :       Ms. Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   06-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Baheri

                   P.S. Case No. 124 of 2025 instituted for the offences under

                   Sections 126(2), 115(2), 118(1), 109(1), 76, 303(2), 351(2), 3(5)

                   of the Bharatiya Nyaya Sanhita, 2023.

                               3. Prosecution case, in short, is that petitioner along

                   with other co-accused persons assaulted the informant and his

                   family members due to which they sustained injuries and also

                   pelted bricks and stones over the house of the informant.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Learned counsel for the petitioner submitted that general and
           Patna High Court CR. MISC. No.79160 of 2025(3) dt.06-02-2026
                                                       2/2




                     omnibus allegation has been made against the petitioner.

                     Learned counsel further submitted that as per FIR, this

                     petitioner gave farsa blow to the informant due to which he

                     sustained grievous injuries. Learned counsel further contended

                     that there is case and counter-case between the parties. It has

                     been submitted on behalf of the petitioner that the petitioner is

                     in custody since 21.08.2025 and has no criminal antecedent.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                                 6. Considering the aforesaid facts and circumstances

                     of the case as also the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                 7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Baheri P.S. Case No.

                     124 of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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