Vivek Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7197 of 2025 Arising Out of PS. Case No.-75 Year-2022 Thana- KATEYA District- Gopalganj ====================================================== Vivek Kumar Giri Son of Amarnath Giri Resident of Village- Koisha Khurd, P.S.- Kateya, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 16-07-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. A prayer for bail has been made on behalf of the petitioner in connection with Kateya P.S. Case no.75 of 2022 registered under sections 302, 120B and 34 of the Indian Penal Code.

3. It is a strange case in which the petitioner is the informant himself. The present F.I.R was lodged by the petitioner against accused persons for the murder of the nephew of the informant/petitioner. It is further submitted that after investigation charge-sheet was submitted in this case against the named accused persons and thereafter charges were framed and trial proceeded. As many as six witnesses were examined on behalf of the prosecution who have been examined during course of investigation. In the meantime, some affidavits were

Patna High Court CR. MISC. No.7197 of 2025(5) dt.16-07-2025 2/2 filed by family members of the accused persons of this case stating therein the complicity of the petitioner and his bhabhi (sister-in-law) i.e. the mother of the deceased in the alleged offence. It is further submitted that only on the basis of these affidavits the police has issued warrants against the petitioner and other accused persons without there being any other material collected during course of investigation to connect the petitioner in the alleged offence. The petitioner was taken into custody on 12.12.2024 whereafter he is languishing in custody without any fault. The petitioner has no criminal antecedent and undertakes to co-operate in investigation/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Taking into consideration the above mentioned facts of the case, the petitioner is directed to be enlarged on bail in connection with Kateya P.S. Case no.75 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-VI, Gopalganj.

(Soni Shrivastava, J) Harsh/- U T