Janardan Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5865 of 2023 Arising Out of PS. Case No.-338 Year-2020 Thana- SONO District- Jamui ====================================================== JANARDAN GIRI S/O LATE BALMUKUND GIRI Resident of VillageKatahar Tand, P.S.- Chakai, District- Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Priyanka Singh For the Opposite Party/s :
Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-04-2023 Heard the parties.
Petitioner renews his prayer for regular bail in connection with Sono P.S. Case No. 338 of 2020 registered under Section 302 / 120 B / 34 of the I.P.C. on 22.12.2020 inasmuch earlier bail application of the petitioner was dismissed as withdrawn vide Cr. Misc. No. 41539 of 2021 by order dated 18.05.2022 giving liberty to the petitioner to renew his prayer for bail after five months.
The allegation as per the First Information Report is that the co-accused Tufani Yadav beheaded the son of informant by means of sword.
Learned counsel for the petitioner submits that the petitioner has renewed his prayer for bail as observed by this Court. He further submits that the petitioner is not named in the
Patna High Court CR. MISC. No.5865 of 2023(3) dt.05-04-2023 2/3 First Information Report and he has been implicated in this case on the basis of confessional statement of the co-accused Toofani Yadav. He further submits that in course of investigation no incriminating material has come against the petitioner and the petitioner is in custody since 26.12.2020. He next submits that charges have been framed against the petitioner in this case. He also submits that similarly situated co-accused Karoo Yadav has been granted privilege of bail by this Court in Cr. Misc. No. 67941 of 2022.
Taking into consideration the fact that petitioner has been made accused in this case on the basis of the confessional statement of the co-accused, charges have been framed against him, he is in custody since 26.12.2020, this is second attempt on behalf of the petitioner for grant of bail and similarly situated co-accused Karoo Yadav has been granted bail by this court, I am inclined to grant regular bail to the petitioner. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000 /- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Jamui in connection with Sono P.S. Case No. 338 / 2020 on the condition that the petitioner shall remain physically present on each and every
Patna High Court CR. MISC. No.5865 of 2023(3) dt.05-04-2023 3/3 date during the course of trial and in case of default on two consecutive dates, his bail bond shall liable to be cancelled. (Anil Kumar Sinha, J) praful/- U T