Raj Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4858 of 2024 Arising Out of PS. Case No.-196 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== Raj Kumar Giri S/O Rabindra Giri Resident Of Village- Gaupur, P.S.- Sariranjan, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Raju Kumar, Advocate For the State :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sarairanjan P.S. Case No. 196 of 2023 instituted for the offence under Sections 379, 461 of the Indian Penal Code. 3.

As per prosecution case, the informant states that on opening his mobile repairing shop in the morning it transpired that theft had taken place and various articles had been stolen amounting to Rs. 4 lakhs.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28-07-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.4858 of 2024(2) dt.02-02-2024 2/2 counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has been surfaced in this case due to confessional statement of co-accused, namely, Govind Madhav Giri, who has been granted bail by Co-ordinate Bench of this Court vide order dated 01-11-2023, passed in Cr. Misc. No. 68782 of 2023. There is no recovery of any incriminating articles from the conscious possession of the petitioner.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sarairanjan P.S. Case No. 196 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T