Umesh Giri @ Putul Giri Vs The State of Bihar — Bail and Remand | Patna HC (2025)

Umesh Giri @ Putul Giri Vs The State of Bihar — Bail and Remand | Patna HC (2025)

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate-1st Class, Saran at Chapra, in connection with Amnour P.S. Case No.8 of 2025, subject to conditions under Section 437(3) CrPC / Section 480(3) BNSS.

Issue for consideration

Whether the accused/petitioner, not named in the FIR and in custody since 18.01.2025, should be released on bail in Amnour P.S. Case No.8 of 2025 registered under Sections 317(5), 317(4), 338, 336(3), 340(2) BNS 2023.

Court's answer

Taking note of the factual submissions, the Court recorded a prima facie view that the recovery of the stolen motorcycle did not appear to have been made from the conscious physical possession of the petitioner, and that the seizure list also appeared not to be supported by independent witnesses.

Ratio / Principle

On that basis the petitioner was directed to be released on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate-1st Class, Saran at Chapra, subject to the conditions laid down under Section 437(3) CrPC / Section 480(3) BNSS.

Detailed headnote1 paragraphs

Bail — Regular bail granted — Patna High Court (Chandra Shekhar Jha, J.), order dated 13-08-2025 in Crl. Misc. No.20883 of 2025, allowed the bail prayer of Umesh Giri @ Putul Giri in Amnour P.S. Case No.8 of 2025 (District Saran) under Sections 317(5), 317(4), 338, 336(3), 340(2) of Bhartiya Nyaya Sanhita, 2023. The petitioner was not named in the FIR and was in custody since 18.01.2025; the allegation was possession of a stolen motorcycle bearing Registration No.BR 011-3110. Counsel submitted the recovery was from a hut belonging to the petitioner that was open on all sides and publicly accessible, and that the seizure list lacked independent witnesses. The Court, taking a prima facie view that the recovery did not appear to be from the conscious physical possession of the petitioner and that the seizure list appeared unsupported by independent witnesses, directed release on a bail bond of Rs.10,000/- with two like sureties before the learned Judicial Magistrate-1st Class, Saran at Chapra, subject to conditions under Section 437(3) CrPC / Section 480(3) BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20883 of 2025

Arising Out of PS. Case No.-8 Year-2025 Thana- AMNAUR District- Saran

======================================================

Umesh Giri @ Putul Giri, Son of Golha Giri, Resident of Village - Gosakhap, P.S.- Amnour, District - Saran.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Alok, Advocate Ms. Mili Kumari, Advocate For the State : Mr. Anil Kumar Singh No.1, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

4 13-08-2025

Heard learned counsel for the petitioner and

learned Additional Public Prosecutor for the State.

2.The accused/petitioner seeks bail in connection

with Amnour P.S. Case No.8 of 2025 registered for the offences punishable under Sections 317(5), 317(4), 338, 336(3), 340(2) of Bhartiya Nyaya Sanhita, 2023 (for short ‘B.N.S.’).

3.The accused/petitioner is not named in the FIR and is in custody since 18.01.2025.

Allegation against the petitioner is to have in possession of one stolen motorcycle bearing Registration No.BR 011-3110.

It is submitted by learned counsel appearing for

Patna High Court CR. MISC. No.20883 of 2025(4) dt.13-08-2025 2/3

the petitioner that the motorcycle in issue was recovered from a hut, which belongs to this petitioner, which was opened from all sides and as such accessible by general public. It is submitted that in view same, it cannot be said that recovery was made from conscious physical possession of this petitioner. It is further submitted that one of the reason for implication of this petitioner in present occurrence is his criminal antecedents, as he found involved in five more criminal cases but all of it was different in nature, where in all cases, he is on bail. While concluding argument, it is submitted that even the seizure list appears disputed for the reason that same is not supported by independent witnesses.

Learned APP opposed the prayer for grant of bail to the petitioner.

In view of aforesaid factual submissions and by taking note of fact as prima facie recovery of stolen motorcycle not appears to be made from conscious physical possession of this petitioner, where the seizure list also appears not supported by independent witnesses, accordingly, the petitioner, above-named, is directed to be

Patna High Court CR. MISC. No.20883 of 2025(4) dt.13-08-2025 3/3

released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Saran at Chapra in connection with Amnour P.S. Case No.8 of 2025, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short ‘CrPC’)/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short ‘BNSS’).

(Chandra Shekhar Jha, J.)

Sanjeet/-

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