Baish Raj Giri @ Basraj Puri @ Vanshraj Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91510 of 2025 Arising Out of PS. Case No.-366 Year-2025 Thana- DHANAHA District- West Champaran ====================================================== 1.
Baish Raj Giri @ Basraj Puri @ Vanshraj Giri S/o Late Sabhapati Giri R/o Village - Chhitauna Tola, P.S - Dhanaha, District - West Champaran. 2.
Brij Raj Giri @ Brij Raj Puri S/o Late Sabhapati Giri R/o Village - Chhitauna Tola, P.S - Dhanaha, District - West Champaran. 3.
Shailesh Giri S/o Brijesh Giri R/o Village - Chhitauna Tola, P.S - Dhanaha, District - West Champaran.
4.
Birendra Giri S/o Madan Giri R/o Village - Chhitauna Tola, P.S - Dhanaha, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baxi S.R.P. Sinha, Sr. Advocate Mr. Ramendra Kumar Bharti, Advocate For the Informant : Mr. Vijay Kumar Singh No. 1, Advocate For the State :
Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-01-2026 Heard Mr. Baxi S.R.P. Sinha, learned Senior counsel for the petitioners, Mr. Vijay Kumar Singh No. 1, learned counsel for the Informant and Mr. Md. Shakir Ahmad, learned APP for the State.
2. Petitioners seek bail, who are in custody since 13.11.2025, in connection with Dhanha P.S. Case No. 366 of 2025, F.I.R. dated 12.11.2025 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109(1), 303(2), 352, 351(3), 3(5) of the B.N.S. and later on Section 103 of B.N.S. was added.
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3. Allegation against the petitioners is that they have assaulted the informant and his family members.
4. Learned Senior counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in the present case. He further submits that although the petitioners are named in the F.I.R. but from perusal of the F.I.R. it appears that there is no specific allegation of any assault or overt act attributed against them rather there is general and omnibus allegation against all the accused persons except accused Govind Giri and the petitioners are in custody since 13.11.2025.
5. The learned Additional Public Prosecutor for the State as well as learned counsel for the Informnat, on the other hand, vehemently opposed the prayer for bail of the petitioners and submits that petitioner nos. 1 and 2 carry one case other than the present one but fairly submits that they are acquitted from the learned Trial Court itself and petitioner nos. 3 and 4 having clean antecedent.
6. Considering the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction
3/4 of learned Judicial Magistrate 1st Class, Bagaha, West Champaran in connection with Dhanha P.S. Case No. 366 of 2025, subject to the following conditions :-
(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. 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.
Ibrar//- (Rajesh Kumar Verma, J) U T
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