Swaminath Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18316 of 2021 Arising Out of PS. Case No.-254 Year-2020 Thana- JAMOBAZAR District- Siwan ====================================================== 1.
SWAMINATH GIRI S/O SHIVSHANKAR GIRI @ GAURISHANKAR GIRI R/O VILLAGE-JAMO MATHIYA, P.S.- JAMO BAZAR, DISTRICTSIWAN 2.
KAMESHWAR GIRI @ KAMALESHWAR GIRI S/O SWAMINATH GIRI R/O VILLAGE-JAMO MATHIYA, P.S.- JAMO BAZAR, DISTRICTSIWAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bindhyachal Singh, Sr. Adv For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-03-2022 Heard Mr. Bindhyachal Sinch, the learned counsel for the petitioners and Mr. Ram Priya Sharan Singh, the learned APP for the State.
The petitioners seek bail in anticipation of their arrest in connection with Jamo Bazar P.S. Case No. 254 of 2020 instituted for the offence under Sections 341, 323, 324, 325, 307/34 of the Indian Penal Code.
The petitioner no. 2 is said to have assaulted the informant by means of a sharp cutting weapon but he has not received any corresponding injury, which could solely be attributed to petitioner no. 2. In fact, the injury on the
Patna High Court CR. MISC. No.18316 of 2021(2) dt.22-03-2022 2/3 informant is in consonance with the accusation against Shashi Bhushan Giri, who has been granted regular bail by the court below. So far as the the petitioner no. 1 is concerned, he is said to have assaulted one Chandan Giri whose injury report is not available in the police papers. Apart from this, it has been submitted that there has been a delay of three days in lodging the First Information Report and even the Doctor has examined the victims after a day of the occurrence.
Mr. Singh, learned senior Advocate, therefore, infers that the injuries are not grievous or life threatening otherwise the victims would have been subjected to medical treatment on the same day of assault.
Considering the general nature of accusation against the petitioners, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction
Patna High Court CR. MISC. No.18316 of 2021(2) dt.22-03-2022 3/3 of learned Chief Judicial Magistrate, Siwan, in connection with Jamo Bazar P.S. Case No. 254 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
While saying so, this Court has also noticed the fact that the petitioners do not have criminal antecedents. (Ashutosh Kumar, J) sunilkumar/- U T