Santosh Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38656 of 2025 Arising Out of PS. Case No.-639 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Santosh Giri S/o- Anirudh Giri @ Anirudhdwara Giri Village- Jagapakar W.No-11, Ps- Harsidhi Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prateek Tandon, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under sections 115(2), 118, 303(2), 109, 3(5) of the BNS.
3. As per the prosecution case, all the named accused persons entered the house of the informant and an altercation took place between them on account of a land dispute. It is further alleged that the petitioner assaulted the informant with a farsa on his head and had also taken Rs. 2000/- from his pocket.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case and from perusal of the injury report, it would be evident that the injuries sustained are simple in nature and caused by a
Patna High Court CR. MISC. No.38656 of 2025(3) dt.06-08-2025 2/3 hard and blunt substance. There is a case and countercase between the parties for the said occurrence and Harsidhi P.S. Case No. 667 of 2024 was lodged by the petitioner's wife against the informant and his family members. It has lastly been submitted that the petitioner has no criminal antecedent and has been in custody since 21.03.2025.
5. Learned APP for the State vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, let the petitioner above named be released bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Motihari, East Champaran in connection with Harsidhi P.S. Case No. 639 of 2024 subject to the conditions :
a. One of the bailors of the petitioner shall be his close relative.
b The petitioner shall remain physically present in Court on each date of the trial.
c. In case of absence on two consecutive dates, or in violation of the terms of the bail and if the prosecution is found involvement of the petitioner in similar nature of offence, the bail bond of the petitioner will be liable to be
Patna High Court CR. MISC. No.38656 of 2025(3) dt.06-08-2025 3/3 canceled by the Court concerned.
d. 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.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) Prakash/- U