Patna High Court

Nabab Giri @ Nevav GiriversusThe State of Bihar

Decided: 17 April 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The Court granted regular bail to the petitioner, directing release upon furnishing the prescribed bail bond and sureties.

Summary

The petitioner, Nabab Giri, applied for regular bail in a criminal case registered under Sections 126(2), 127(2), 115(2), 118(1) and 109 of the BNS, 2023, alleging assault during a land dispute. The FIR alleges that the informant's father was attacked with a rod, sword and kulad, and the petitioner is named in a general, omnibus allegation. The petitioner’s counsel highlighted his clean antecedents and that he has been in custody since 08‑11‑2025, arguing that the specific assault was committed by another accused, Rahul. The State opposed bail, contending the seriousness of the offences. The Court, after considering the submissions, found no substantive reason to deny bail and ordered the petitioner’s release on furnishing a bail bond of Rs.10,000 with two sureties, pending trial in Bibhutipur Police Station Case No. 204 of 2025.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the BNS, 2023.
Whether the allegations against the petitioner are specific enough to justify denial of bail.

Legislation cited

BNS, 2023 — s. 109, 115(2), 118(1), 126(2), 127(2)

Subjects

bail
criminal procedure
assault
land dispute
BNS 2023
sections 126 127 115 118 109
clean antecedent
general allegation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8786 of 2026
                   Arising Out of PS. Case No.-204 Year-2025 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Nabab Giri @ Nevav Giri S/o- Gaya Nand Giri @ Batahu Giri R/v- Aalampur
                 W.No-7, Ps- Bibhutipur Dist- Samastipur
                                                                          ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amit Anand, Advocate
                 For the Opposite Party/s :       Mr. Vinod Shanker Modi, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 126(2), 127(2), 115(2),

                   118(1) and 109 of the BNS, 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody

                   since 08.11.2025. It is next submitted that informant alleges that

                   on 27.05.2025, his father was going to get maize, at 07:50 a.m.,

                   when he was intercepted by the accused persons and Rahul

                   assaulted the father of the informant by rod, sword and Kudal

                   causing injury on head, thereafter, the police was informed and

                   the injured was taken to the hospital for treatment from where

                   he was referred to the Sadar Hospital, Samastipur for better

                   treatment.
           Patna High Court CR. MISC. No.8786 of 2026(2) dt.17-04-2026
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                                  4. Learned counsel for the petitioner submits that

                     from perusal of the allegation as alleged in the FIR, it would

                     manifest that specific allegation of assaulting the informant is

                     against Rahul. It is further submitted that on account of dispute

                     relating to land, an altercation took place in which both sides

                     assaulted each other but then the allegation against the petitioner

                     is general and omnibus in nature. It is next submitted that

                     petitioner is not a criminal.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     regular bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioner, the petitioner,

                     above-named, is directed to be released on bail on furnishing

                     bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     Trial Court where the case is pending in connection with

                     Bibhutipur P.S. Case No. 204 of 2025.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T

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