Jitendra Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46455 of 2025 Arising Out of PS. Case No.-124 Year-2025 Thana- BAHERI District- Darbhanga ====================================================== 1.
Jitendra Giri S/o Arun Giri R/o Village- Korigama, P.s-Baheri, DistDarbhanga 2.
Ravi Giri S/o Arun Giri R/o Village- Korigama, P.s-Baheri, Dist- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :
Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-07-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Baheri P.S. Case No. 124 of 2025, instituted for the offences punishable under Sections 115(2), 118(1), 126(2), 109(1), 76, 303(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the petitioners along with other co-accused persons assaulted the informant and his family members due to which they sustained injuries and also pelted bricks and stones over the house of the informant.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered
Patna High Court CR. MISC. No.46455 of 2025(2) dt.29-07-2025 2/3 from the conscious possession of the petitioners. Learned counsel for the petitioners also submits that the allegation levelled against the petitioners are general and omnibus in nature and no specific allegation has been attributed against them. There is delay of eight days in lodging the FIR. It is further submitted that there is case and counter case between the parties. The petitioners are in custody since 21.04.2025 and have got no criminal antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners and submits that there is specific allegation against petitioner no. 2, namely, Ravi Giri of assaulting the informant and others with rod over their head. Injured Satendra Giri has sustained grievous injury. Hence, petitioner no. 2 does not deserve the privilege of bail.
6. Having considered the rival submissions made on behalf of the parties, taking into account the specific allegation against petitioner no. 2, this Court is not inclined to grant bail to petitioner no. 2. So far as remaining petitioner, i.e. petitioner 1, is concerned, this Court is inclined to grant bail to the petitioner no. 1.
7. Accordingly, the prayer for grant of bail to petitioner no. 2, namely, Ravi Giri, is hereby, rejected.
Patna High Court CR. MISC. No.46455 of 2025(2) dt.29-07-2025 3/3
8. So far as petitioner no. 1 is concerned, let the petitioner (i.e. petitioner no. 1), be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Baheri P.S. Case No. 124 of 2025.
(Rudra Prakash Mishra, J) Rajorshi/- U T