Rishikesh Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7851 of 2024 Arising Out of PS. Case No.-217 Year-2020 Thana- CHENARI District- Rohtas ====================================================== Rishikesh Giri, S/O Vijay Giri, Resident of Village- Tekari, P.S- Chenari, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mithilesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Chenari P.S. Case No. 217 of 2020 registered for the alleged offences under Section 392 of the Indian Penal Code.

3. As per prosecution case, three miscreants entered into construction site of colour coated sheet of the informant and snatched mobile phones of the employees and also took away pug machine and cutting torch. The name of the petitioner came up for being involved in the occurrence during investigation.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The name of the petitioner came up on the basis of

Patna High Court CR. MISC. No.7851 of 2024(4) dt.26-04-2024 2/3 confessional statement of co-accused Lal Babu Chaudhary. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has been made accused in altogether six cases, all cases are of the year 2020, due to highhandedness of the police as SHO of local police station was on inimical terms with the petitioner. The learned counsel further submits that except for suspicion and confessional statement of other co-accused persons, there is nothing against the petitioner.

5. Learned APP opposes the submission made on behalf of the petitioner. The learned APP submits that the petitioner appears to be a habitual offender.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the lack of substantive material against the petitioner and further considering the possibility of false accusation, let the petitioner, above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, 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 learned Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Chenari P.S. Case No. 217 of 2020,

Patna High Court CR. MISC. No.7851 of 2024(4) dt.26-04-2024 3/3 subject to the conditions mentioned in Section 438(2) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) V.K.Pandey/- U T