Patna High Court
Raj Kumar GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 76
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
Checking your session…