Ashok Giri v. The State Of Bihar

Patna High Court Cr.Misc. No.13932 of 2015 (3) dt.13-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13932 of 2015 Arising Out of PS.Case No. -121 Year- 2007 Thana -BANIAPUR District- SARAN ====================================================== Ashok Giri S/o Suraj Giri Resident of Village Harpur Chhatwan, Police Station Baniyapur, District Saran at Chapra.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Satya Prakash, Advocate. For the State : Mr. Ganesh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 13-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has been arrested in connection with Baniyapur P.S. Case No. 121 of 2007 registered under Sections 302 and 34 of the Indian Penal Code as well as Section 27 of the Arms Act.

It is alleged that husband of the informant went along with accused persons including the petitioner at 8.00 P.M. but did not return in the night. On the next morning, the dead body of the husband of the informant was found lying on motorcycle with fire arm injury Learned counsel for the petitioner submits that the deceased was engaged in arranging an Orchestra party in the village till 2.00-3.00 P.M.

Learned counsel for the State however submits that occurrence is of the year 2007 and petitioner remained absconded till he was apprehended.

Having regard to the facts and circumstances of the case,

Patna High Court Cr.Misc. No.13932 of 2015 (3) dt.13-08-2015 the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra, in connection with Baniyapur P.S. Case No. 121 of 2007, subject to condition that petitioner shall release on bail after framing of the charge subject to satisfaction of the court below on reasonable ground. Further condition that one of the bailors shall be near relative of the petitioner who will file an affidavit to this effect that petitioner shall not indulge in such activity in future. m.p.

(Gopal Prasad, J) U T