Patna High Court
Raushan Giri @ Raushan Kumar GiriversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted to the petitioners.
Summary
Petitioners Raushan Giri and Sanjay Giri applied for anticipatory bail fearing arrest in a case (Ayer P.S. Case No. 22 of 2025) registered under Sections 191(2), 190, 115(2), 126, 351(2) and 109 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners participated in a planned assault on the eve of Holi, causing grievous injuries to the victim. The petitioners contended they were innocent and sought bail, while the State opposed the relief. After reviewing the evidence, the court found the assault serious and concluded that anticipatory bail was not warranted. Consequently, the application for anticipatory bail was rejected and the petitioners were directed to surrender within four weeks to seek regular bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of assault under the specified sections of the Bharatiya Nyaya Sanhita, 2023
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126, 190, 191(2), 351(2)
Subjects
- anticipatory bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- bail denial
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89295 of 2025
Arising Out of PS. Case No.-22 Year-2025 Thana- AAYAR District- Bhojpur
======================================================
1. Raushan Giri @ Raushan Kumar Giri S/o Santosh Giri Resident of Village-
Ashadhan Ka Mathiya, P.S.- Ayer, District- Bhojpur
2. Sanjay Kr. Giri @ Sanjay Giri S/o Mahendra Giri Resident of Village-
Ashadhan Ka Mathiya, P.S.- Ayer, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh
For the Opposite Party/s : Mr. Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-02-2026 Heard the learned counsel for the petitioners and the
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Ayer P.S. Case No. 22 of 2025 registered for offences under
Sections 191(2), 190, 115(2), 126, 351(2) and 109 of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the named criminals
including the petitioners have assaulted the victim on the eve of
Holi causing grievous injuries.
4. The learned counsel for the petitioners submits that
the petitioners are innocent and have not committed any
offence. He further submits that there is general and omnibus
Patna High Court CR. MISC. No.89295 of 2025(2) dt.24-02-2026
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allegation against the petitioners, therefore, they may be granted
anticipatory bail.
5. The learned APP for the State has vehemently
opposed the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. From the injury
described in the impugned order, it appears that the victim was
brutally assaulted by the accused persons including the
petitioners in a planned manner.
7. Considering the aforesaid, this court is not inclined
to grant the privilege of anticipatory bail to the petitioners in the
present case.
8. Accordingly, this application for anticipatory bail is
rejected.
9. The petitioners are directed to surrender in the
concerned Court below within a period of four weeks from
today and seek regular bail, failing which the Superintendent of
Police, Bhojpur at Ara will take all steps for the arrest of the
petitioners.
10. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioners at any
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subsequent stage of the proceedings.
11. Let a copy of this order be communicated to the
Superintendent of Police, Bhojpur at Ara through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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