Patna High Court
Baish Raj Giri @ Basraj Puri @ Vanshraj GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to monetary bond and conditions, finding no sufficient ground to deny bail.
Summary
The petitioners – four members of the Giri family – were arrested on 13 November 2025 in connection with FIR No.12‑11‑2025 (Case No.366/2025) alleging assault on an informant and his family and offences under several sections of the B.N.S. The petitioners contended that the FIR contains only a generic allegation against all accused and that no specific act of assault is attributed to them, asserting their innocence. The State and the informant opposed bail, highlighting the seriousness of the charges and noting that two of the petitioners had been acquitted in a separate case while the others had clean antecedents. The Court examined the nature of the allegations, the custody period, and the petitioners’ criminal records, and decided to grant bail subject to a Rs.10,000 bond, two sureties, and strict conditions regarding trial cooperation, non‑tampering with evidence, and verification of antecedents. The order also stipulated cancellation of bail for non‑appearance on two consecutive dates or concealment of criminal history.
Issues considered
- Whether bail should be granted to the accused in a case involving multiple serious offences under the B.N.S. despite allegations of assault on an informant
- Whether the absence of specific allegations against the petitioners in the FIR warrants bail
Legislation cited
- B.N.S. — s. 103, 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(3), 352
Subjects
- bail
- criminal procedure
- assault
- multiple offences
- conditions of bail
- antecedent verification
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91510 of 2025
Arising Out of PS. Case No.-366 Year-2025 Thana- DHANAHA District- West Champaran
======================================================
1. Baish Raj Giri @ Basraj Puri @ Vanshraj Giri S/o Late Sabhapati Giri R/o
Village - Chhitauna Tola, P.S - Dhanaha, District - West Champaran.
2. Brij Raj Giri @ Brij Raj Puri S/o Late Sabhapati Giri R/o Village -
Chhitauna Tola, P.S - Dhanaha, District - West Champaran.
3. Shailesh Giri S/o Brijesh Giri R/o Village - Chhitauna Tola, P.S - Dhanaha,
District - West Champaran.
4. Birendra Giri S/o Madan Giri R/o Village - Chhitauna Tola, P.S - Dhanaha,
District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baxi S.R.P. Sinha, Sr. Advocate
Mr. Ramendra Kumar Bharti, Advocate
For the Informant : Mr. Vijay Kumar Singh No. 1, Advocate
For the State : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Baxi S.R.P. Sinha, learned Senior counsel
for the petitioners, Mr. Vijay Kumar Singh No. 1, learned
counsel for the Informant and Mr. Md. Shakir Ahmad, learned
APP for the State.
2. Petitioners seek bail, who are in custody since
13.11.2025, in connection with Dhanha P.S. Case No. 366 of
2025, F.I.R. dated 12.11.2025 registered for the offences
punishable under Sections 126(2), 115(2), 118(1), 109(1),
303(2), 352, 351(3), 3(5) of the B.N.S. and later on Section 103
of B.N.S. was added.
Patna High Court CR. MISC. No.91510 of 2025(2) dt.13-01-2026
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3. Allegation against the petitioners is that they have
assaulted the informant and his family members.
4. Learned Senior counsel for the petitioners submits
that the petitioners are innocent and they have been falsely
implicated in the present case. He further submits that although
the petitioners are named in the F.I.R. but from perusal of the
F.I.R. it appears that there is no specific allegation of any assault
or overt act attributed against them rather there is general and
omnibus allegation against all the accused persons except
accused Govind Giri and the petitioners are in custody since
13.11.2025.
5. The learned Additional Public Prosecutor for the
State as well as learned counsel for the Informnat, on the other
hand, vehemently opposed the prayer for bail of the petitioners
and submits that petitioner nos. 1 and 2 carry one case other
than the present one but fairly submits that they are acquitted
from the learned Trial Court itself and petitioner nos. 3 and 4
having clean antecedent.
6. Considering the facts and circumstances of the
case, let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
Patna High Court CR. MISC. No.91510 of 2025(2) dt.13-01-2026
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of learned Judicial Magistrate 1st Class, Bagaha, West
Champaran in connection with Dhanha P.S. Case No. 366 of
2025, subject to the following conditions :-
(1) Petitioners shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on their absence on two consecutive dates without
sufficient reason, their bail bonds shall be cancelled by the
Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
Ibrar//- (Rajesh Kumar Verma, J)
U T
Patna High Court CR. MISC. No.91510 of 2025(2) dt.13-01-2026
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