Dhiraj Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11422 of 2022 Arising Out of PS. Case No.-383 Year-2019 Thana- PIPRA District- East Champaran ====================================================== DHIRAJ GIRI, S/o Arjun Giri R/o village- Chorma Dih, Giri Tola, P.S.- Pakridayal, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Asif Kalim, Advocate For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 09-03-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Pipra P.S. Case No. 383 of 2019, for the offence punishable under Section 392 of the Indian Penal Code.

The allegation is of stabbing the informant and snatching of his motorcycle bearing registration No. BR-05AB3532. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. The name of petitioner surfaced in this case on the confessional statement of co-accused. He further submits that similarly situated co-accused have already been

Patna High Court CR. MISC. No.11422 of 2022(2) dt.09-03-2022 2/3 enlarged on bail by co-ordinate Bench of this Court. The petitioner is in custody since 16.01.2020.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case, without going into the merits of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Pipra P.S. Case No.383 of 2019, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take

Patna High Court CR. MISC. No.11422 of 2022(2) dt.09-03-2022 3/3 steps to cancel his bail bonds.

(5) The petitioner will make his attendance before the concerned Police Station under which his house is located every fortnight till conclusion of the trial and on any single default without any valid reasons on the part of the petitioner, his bail bonds shall be cancelled and the concerned SHO of the Police Station shall submit his monthly attendance report to the Superintendent of Police having jurisdiction.

(Purnendu Singh, J) manish/- U T