Prem Giri @ Prem Kishore Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19274 of 2026 Arising Out of PS. Case No.-278 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Prem Giri @ Prem Kishore Giri Son of Ramdhar Giri R/o Village - Dhekan Bazar, P.S. - Motihari Muffasil, Dist. - East Champaran. 2.

Chandan Giri @ Amit Kumar Giri Son of Baidyanath Giri R/o Village - Dhekan Bazar, P.S. - Motihari Muffasil, Dist. - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachida Nand Rai, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-04-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Muffasil P.S. Case No. 278 of 2021 instituted for the offence under Sections 414, 420, 467, 468, 471, 120B of the Indian Penal Code, under Sections 25(1-b)a, 26 & 35 of the Arms Act and under Sections 8, 20(b)(ii)(c) of the NDPS Act.

3. The case of the prosecution, in short, is that from coaccused Overshier Sahni certain contraband and country made pistol was recovered and he has named the petitioners.

4. Learned counsel for the petitioners has submitted that save and except the confessional statement of co-accused Overshier Sahni, there is nothing against the petitioners. It has

Patna High Court CR. MISC. No.19274 of 2026(2) dt.10-04-2026 2/2 further been submitted that similarly situated co-accused persons have been granted bail by learned Co-ordinate Benches of this Court vide Cr. Misc. Nos. 26354 of 2022 and 64504 of 2022. Learned counsel for the petitioners has submitted that the petitioners are having no criminal antecedent.

5. Learned APP for the State has vehemently opposed the bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Muffasil P.S. Case No. 278 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of the like amount each to the satisfaction of learned Exclsuive Special Judge, Court No.2, NDPS Act, East Champaran, Motihari, subject to the conditions as laid down under Section 482(2) of the BNSS.

7. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) durgesh/- U T