Patna High Court
Anil Giri @ Anil KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to petitioner no.1 but denied to petitioner no.2.
Summary
The petitioners, Anil Giri and Rahul Giri, sought bail to avoid arrest in a case (Vaishali P.S. Case No. 609 of 2025) filed under several sections of the Bharatiya Nyaya Sanhita alleging assault on an informant and his wife. The court examined the nature of injuries: petitioner no.1 caused a simple injury with a rod, while petitioner no.2 caused a fracture and grievous injury with a lathi. Considering the simple injury, the court allowed bail for petitioner no.1 upon furnishing a bond of Rs.10,000 with two sureties, subject to Section 482 of the BNSS and Section 438(2) of the CrPC. In contrast, due to the grievous nature of the injury to the informant’s wife, the bail application of petitioner no.2 was dismissed. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether bail should be granted to petitioner no.1 for an alleged simple injury assault under the listed sections of the Bharatiya Nyaya Sanhita
- Whether bail should be denied to petitioner no.2 for an alleged grievous injury assault under the same provisions
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 190, 191(2), 303(2), 329(3), 352, 74
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- assault
- simple injury
- grievous injury
- Criminal Procedure Code
- Bharatiya Nyaya Sanhita
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80706 of 2025
Arising Out of PS. Case No.-609 Year-2025 Thana- VAISHALI District- Vaishali
======================================================
1. Anil Giri @ Anil Kumar S/O Maheshwar Giri R/O Vill- Ram Math, P.S.-
Belsar, District- Vaishali
2. Rahul Giri @ Rahul Kumar S/O Jitendra Giri R/O Vill- Ram Math, P.S.-
Belsar, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Singh, Advocate
For the State : Ms.Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 10-03-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection
with Vaishali P.S. Case No. 609 of 2025 instituted under
Sections 191(2), 190, 329(3), 115(2), 117(2), 109(1), 74,
303(2) and 352 of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the petitioners are
said to have assaulted the informant.
4. The petitioner no. 1 is said to have assaulted the
informant with a rod causing simple injury.
5. Considering the fact that the injury caused to the
informant are simple in nature, this application is allowed with
Patna High Court CR. MISC. No.80706 of 2025(4) dt.10-03-2026
2/2
regard to petitioner no. 1 only.
6. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner no. 1, above named, be released on bail upon
furnishing bail bonds of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Vaishali at Hajipur/ concerned Court
in connection with Vaishali P.S. Case No. 609 of 2025, subject
to the conditions laid down in Section 482 of the BNSS/ 438(2)
of the Code of Criminal Procedure, 1973.
7. So far as petitioner no. 2 is concerned, he is alleged
to have assaulted the wife of the informant on her left hand by
lathi causing fracture and grievous injury.
8. Considering the nature of injury sustained, the
application on behalf of the petitioner no. 2 is dismissed.
(Sandeep Kumar, J)
P. Kumar
U T
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