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Patna High Court

Raushan Giri @ Raushan Kumar GiriversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
            Patna High Court CR. MISC. No.89295 of 2025(2) dt.24-02-2026
                                                        3/3




                      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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