Dilip Giri @ Dilip Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3455 of 2026 Arising Out of PS. Case No.-255 Year-2025 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.

Dilip Giri @ Dilip Kumar Giri Son of Suresh Giri Resident of Village - Rampur Khajuriya, P.S. - Dumariyaghat, District - East Champaran. 2.

Suresh Giri Son of Bhirgun Giri Resident of Village - Rampur Khajuriya, P.S. - Dumariyaghat, District - East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhurendra Kumar For the Opposite Party/s :

Mr. Murli Dhar ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 28-01-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 317(5), 303(2), 3(5) of B.N.S.

3. The allegation upon the petitioner is that of stealing 20 liters of diesel from a standing truck.

4. Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot and the diesel was recovered near the shop of one Bullet Giri who was not made an accused and moreover, the diesel was in fact purchased by the petitioners for agricultural purposes.

5. The application for anticipatory bail is opposed by

Patna High Court CR. MISC. No.3455 of 2026(2) dt.28-01-2026 2/2 the learned APP for the State.

6. Taking into consideration the facts and circumstances and also considering the fact that there is no recovery from the conscious possession of the petitioners and moreover the diesel had been purchased by the petitioners for agricultural purposes and not stolen, let the above named petitioners, who have no criminal antecedent, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged 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 of the learned court below where the case is pending/successor court in connection with Dumariyaghat P.S. Case No. 255 of 2025, subject to the condition as laid down under Section 438

(2) of the Cr.P.C./482(2) of the B.N.S.S.

(Soni Shrivastava, J) devendra/- U T