Avinash Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65287 of 2025 Arising Out of PS. Case No.-212 Year-2025 Thana- MEHSI District- East Champaran ====================================================== 1.

Avinash Kumar Giri S/O Ratnesh Giri R/O Village- Rajua Bakhari, P.SMehasi, Distt.- East Champaran. 2.

Dhiraj Yadav S/O Nawal Rai R/O Village- Manjhan Chhapra, P.S- Mehasi, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pathak, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Mehasi P.S. Case No. 212 of 2025 instituted for the offences under Sections 127(2), 127(7), 308(3), 308(4), 351(2), 111(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case is that on 23.07.2025 at about 11:45 A.M., the petitioners along with others abducted the informant's brother Arjun Prasad and nephew Abhishek near

Patna High Court CR. MISC. No.65287 of 2025(2) dt.15-09-2025 2/3 Khesari Chowk and confined them at the house of Mukesh Pathak where they were assaulted. They were later released with a threat of dire consequences if the matter was reported to the police.

4. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in the present case. Learned counsel for the petitioners submitted that general and omnibus allegation has been made against these petitioners. No specific overt act is alleged against these petitioners. Learned counsel further submitted that no injury has been caused to any person in the alleged occurrence. It has been submitted on behalf of the petitioners that the petitioners are in custody since 25.07.2025 and have no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, there being no direct allegation against the petitioners as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.65287 of 2025(2) dt.15-09-2025 3/3 below/concerned Court in connection with Mehasi P.S. Case No. 212 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T