Patna High Court
Sujit GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for anticipatory bail was allowed.
Summary
Petitioner Sujit Giri was implicated in a Patahi police case for alleged assault with a knife, charged under several sections of the B.N.S. He claimed innocence and a clean record, while the informant testified that the parties had settled their dispute. The State opposed his request for anticipatory bail. Considering the settlement and the circumstances, the High Court allowed the anticipatory bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties if arrested or surrendered within four weeks, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the B.N.S. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the offences alleged.
- Whether the settlement between the parties warrants the grant of anticipatory bail.
Legislation cited
- B.N.S. — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- settlement
- Criminal Procedure Code
- Section 438
- Section 482
- assault
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88534 of 2025
Arising Out of PS. Case No.-201 Year-2025 Thana- PATAHI District- East Champaran
======================================================
Sujit Giri son of Rama shankar Giri Village-Gonahi ,P.S-Patahi ,District-East
Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kamal Kumar S/O-Mauje Lal , R/O Village-Gonahi , P.S.-Patahi, Dist.-East
Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Shankar Shrivastava,Advocate
For the State : Mr.Arun Kumar, APP
For the Informant : Mr. Ritesh Kumar Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 27-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Patahi P.S. Case No. 201 of 2025 registered for
the offence under Sections 126(2), 115(2), 118(1), 109, 303(2),
352, 351(2), 3(5) of B.N.S.
3. As per the prosecution case, petitioner is
accused of assaulting the victim by knife.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. Petitioner has clean antecedent.
5. Learned counsel for the informant submits that
Patna High Court CR. MISC. No.88534 of 2025(3) dt.27-02-2026
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the parties have settled their dispute.
6. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
7. Considering the submissions advanced on behalf
of the parties and the fact that the parties have settled their
dispute, this application is allowed.
8. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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 J.M., Sadar
Motihari, East Champaran/ concerned Court below in
connection with Patahi P.S. Case No. 201 of 2025, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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