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2026 DAILYLAW 19085 (PAT)

Arvind Giri @ Arvind Kumar v. The State of Bihar

CR. MISC./37876/2026 · 2026-06-23

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37876 of 2026 Arising Out of PS. Case No.-72 Year-2026 Thana- GORIAKOTHI District- Siwan ====================================================== Arvind Giri @ Arvind Kumar S/o Sahib Giri @ Sahib Parwat Resident of Village - Rampur, P.S. - Jamo Bazar, District - Siwan. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bijay Prakash Singh For the Opposite Party/s : Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 23-06-2026 1. Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109, 303(2), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita. 3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 4-3-2026, his son along with Virendar was going towards Afraad on motorcycle at 7 pm when they were intercepted by the petitioner and two unknown accused near Shanti Baba Crossings and petitioner assaulted his son by an iron rod causing injury on head and also assaulted Virendar by rod causing injury on nose and snatched the chain of his son. 4. Learned counsel for the petitioner submits that Patna High Court CR. MISC. No.37876 of 2026(2) dt.23-06-2026 2/3 petitioner has been falsely implicated in the instant case by the informant. It is next submitted that no doubt it is specifically alleged that petitioner assaulted the son of the informant and Virendar on head and nose causing injury and the injury suffered by son of the informant on head has been opined to be grievous in nature as would manifest from Annexure-2 to the anticipatory bail application, but then it is submitted that the date of occurrence is 4-3-2026 and the FIR came to be instituted on 19-3-2026 based on a written application of the informant. It is further submitted that delay of 15 days in instituting the FIR is not explained which casts an aspersion on the case of the prosecution. It is also submitted that if what has been alleged is a correct fact in that event the hospital would have informed the police that injured have been admitted in the hospital on account of assault but then it appears that even the same was also not done. It is next submitted that matrimonial house of the petitioner is in the village of the informant and the family of the informant is having dispute with his father-in-law and others on account of which he came to be implicated in the instant case. It is also submitted that if privilege of anticipatory bail is granted to the petitioner, the petitioner will not abscond rather will cooperate in the investigation to prove his innocence. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 6. After hearing the learned counsel for the parties and Patna High Court CR. MISC. No.37876 of 2026(2) dt.23-06-2026 3/3 taking into consideration the fact that petitioner is a person with clean antecedent and the FIR was instituted after a delay of fifteen days, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Goreakothi P.S. Case No. 72 of 2026, subject to the conditions as laid down under Section 482 (2) of the BNSS. 7. However, it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner, despite giving assurance to this Court, is not cooperating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. 8. Let a copy of this order be sent to the concerned police station through the learned Trial Court. Sumit/- (Satyavrat Verma, J) U T