Dhramveer Giri @ Dharamveer Jayram Giri @ Dharambir Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1224 of 2025 Arising Out of PS. Case No.-239 Year-2023 Thana- RASULPUR District- Saran ====================================================== Dhramveer Giri @ Dharamveer Jayram Giri @ Dharambir Giri S/O Late Jai Ram Giri R/O Village- Chapraitha, P.S- Rasulpur, Distt.- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Advocate For the State :

Mr. Rajendra Singh, APP For the Informant :

Mr. Rakesh Kumar, advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-02-2025 Heard Mr. Vijay Kumar Sinha, learned counsel for the petitioner and Mr. Rakesh Kumar, learned counsel for the informant as well as Mr. Rajendra Singh, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 20.05.2024, in connection with Rasulpur P.S. Case No. 239 of 2023, FIR dated 03.10.2023 registered for the offence under Sections 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, petitioner has fired upon the brother of the informant due to which he died.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that the allegation as alleged in the FIR is false and fabricated and the petitioner has

Patna High Court CR. MISC. No.1224 of 2025(3) dt.28-02-2025 2/2 not committed any offence as alleged in the FIR. The petitioner is rotting in judicial custody since 20.05.2024.

5. Learned counsel for the informant as well as learned A.P.P. for the State, on the other hand, have vehemently opposed the prayer for bail of the petitioner and submit that it appears from the FIR that there is direct and specific allegation against the petitioner that he has fired upon the brother of the informant from country-made pistol on his head due to which he died and apart from that the post-mortem report also supports the allegation as alleged in the FIR and apart from that the petitioner carries four more cases other than the present one but fairly submit on the basis of the paragraph no.3 of the bail petition that the petitioner is on bail in all the pending matters.

6. Considering the facts that there is direct and specific allegation against the petitioner supported by the medical evidence, I am not inclined to enlarge the petitioner on bail in connection with Rasulpur P.S. Case No. 239 of 2023 pending in the Court of Judicial Magistrate First Class, Saran at Chapra.

7. Prayer is refused.

(Rajesh Kumar Verma, J) ajay/- U T