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Patna High CourtCR. MISC./71074/2025disposed

Bam Bam Giri v. The State Of Bihar

2025-11-10Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71074 of 2025 Arising Out of PS. Case No.-204 Year-2025 Thana- BIBHUTIPUR District- Samastipur ====================================================== 1.

Bam Bam Giri S/O Gaya Nand Giri R/O village- Alampur, ward no. 07, P.S. Bibhutipur, District Samastipur 2.

Nabab Giri S/O Gaya Nand Giri (Batahu Giri) R/O village- Alampur, ward no. 07, P.S. Bibhutipur, District Samastipur 3.

Rahul Giri Radhe Giri R/O village- Alampur, ward no. 07, P.S. Bibhutipur, District Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Anand For the Opposite Party/s :

Ms.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-11-2025

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.2, Nabab Giri, who was arrested during pendency of the instant case.

3. Permission is accorded.

4. Accordingly, instant petition is dismissed as withdrawn with respect to petitioner no.2, Nabab Giri.

5. The petitioner nos.1 and 3 seek bail in anticipation of their arrest in a case registered for the offences punishable

Patna High Court CR. MISC. No.71074 of 2025(2) dt.10-11-2025 2/3 under Sections 126(2),127(2),115(2),118(1),109 of the B.N.S.

6. The learned counsel for the petitioners submits that the petitioner nos.1 and 3 are persons with clean antecedent and the informant alleges that on 27.05.2025, his father was going to get maize at 7.50 AM, when he was intercepted by the petitioners and Rahul (petitioner no.3) assaulted his father by rod, sword and Kudal causing injury on head, thereafter police was informed and injured was taken to hospital for treatment from where he was referred to Sadar Hospital, Samastipur for better treatment.

7. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from side of the petitioners, Bibhutipur P. S. Case No. 205 of 2025 has been instituted by the wife of petitioner no.1. It is further submitted that side of the informant brutally assaulted Rahul Giri causing injury on head leading to eight stitches. It is next submitted that no specific allegation of assault is alleged against Bam Bam Giri.

8. Learned A.P.P. vehemently opposes the anticipatory bail application and submits that from perusal of the order impugned, it would manifest that the injury report of the father

Patna High Court CR. MISC. No.71074 of 2025(2) dt.10-11-2025 3/3 of the informant is recorded and from perusal of the same, it would manifest that he suffered grievous injury and petitioner no.3 is alleged to have assaulted him.

9. After hearing the learned counsel appearing on behalf of the parties, petitioner no.1, Bam Bam Giri, abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on anticipatory bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Rosera, Samastipur in connection with ABP No.256C of 2025 arising out of Bibhutipur P. S. Case No.204 of 2025, subject to the conditions laid down under Section 482(2) of the BNSS. 10.

The application stands allowed.

11.

So far as petitioner no.3 is concerned, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner no.3, Rahul Giri.

12.

The prayer of the petitioner no.3, Rahul Giri for anticipatory bail stands rejected.

(Satyavrat Verma, J) vikash/- U T