Created by Fuzzy Cloud

Patna High Court

Sujit GiriversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          2/2




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.