Diwakar Giri @ Diwakar Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9103 of 2024 Arising Out of PS. Case No.-270 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== Diwakar Giri @ Diwakar Kumar Giri Son Of Pundeo Giri @ Ramdev Giri R/O-Madhubani Ghat, P.S.-muffasil, Distt.-east Champaran (motihari) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad, Adv.

For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Lalganj P.S. Case No. 270 of 2023 lodged under Sections 392 of the I.P.C. read with sections 25(1-b)a/35 of the Arms Act.

3. As per the prosecution case, the F.I.R. has been lodged against unknown accused persons against whom there is allegation of robbery.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that petitioner's name has figured in this case by virtue of confessional statement of co-accused and nothing incriminating has been recovered from the possession of the petitioner nor he was put on T.I.P..

Patna High Court CR. MISC. No.9103 of 2024(2) dt.20-02-2024 2/2

5. Counsel for the petitioner submits that petitioner is in custody since 14.09.2023 and petitioner's antecedent is not clean. There is one criminal case pending against the petitioner in which he is on bail and charge-sheet has already been filed in this case.

6. Learned counsel for the State opposes the prayer for bail and submits that the petitioner is involved in a Bank robbery in which total Rs.98,19,485/- were robbed.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, nine months after framing of charge, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur/ successor Court, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 270 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. (Dr. Anshuman, J.) Prakashmani/- U T