Sharma Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11064 of 2026 Arising Out of PS. Case No.-105 Year-2025 Thana- Manuapul District- West Champaran ====================================================== Sharma Giri Son of Late Bindeshwari Giri Resident of Village- Parsa, P.S.- Manuapul, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Advocate : Mr.Sharad Kumar Verma, Advocate For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh, APP For the Informant : Mr. Ashish Ranjan Garg, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-04-2026 Heard Mr.Abhishek Kumar, learned counsel for the petitioner, Mr. Ashish Ranjan Garg, learned counsel for the informant and Mr.Uma Shankar Prasad Singh, learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since 25.10.2025 in connection with Manuapul P.S. Case No. 105 of 2025, F.I.R. dated 11.06.2025 registered for the offence punishable under Sections 190, 191(2), 191(3), 126(2), 115(2), 118(1), 109(1), 303(2), 308(2), 308(3), 351(2), 352 of BNS and Section 27 of the POCSO Act.
3. Allegation against the petitioner is that he assaulted to one Animesh Kumar Giri causing injury on his head.
4. Learned counsel appearing for the petitioner submits that it appears from the FIR that due to some petty
Patna High Court CR. MISC. No.11064 of 2026(4) dt.02-04-2026 2/3 dispute the present occurrence had taken place. Although the petitioner is named in the FIR but from a bare perusal of the FIR it appears that the specific allegation against the petitioner is that he has assaulted to one Animesh Giri although he has received the injury from a bare perusal of the injury report of the Animesh Kumar Giri which suggests that the injury is simple in nature caused by hard and blunt substance and the police, after investigation, submitted the chargesheet against the petitioner and the petitioner is in custody since 25.10.2025.
5. Learned counsel for the informant and learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner has participated in the present crime in question and apart from that, the petitioner carries ten more cases other than the present one, but fairly submits that out of ten cases, the petitioner is on bail in eight cases, in one case, the petitioner has been acquitted and one case is disposed of on the basis of compromise, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts and injury inflicted upon the injured person is simple in nature, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.11064 of 2026(4) dt.02-04-2026 3/3 each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Manuapul P.S. Case No. 105 of 2025, with the following conditions:- (I) Petitioner 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 his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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.
(Rajesh Kumar Verma, J) Nitesh/- U T