Binod Kumar Giri @ Binod Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10261 of 2019 Arising Out of PS. Case No.-89 Year-2016 Thana- SAHAR District- Bhojpur ====================================================== BINOD KUMAR GIRI @ BINOD GIRI Son of Mahadewa Nand Giri, Resident of Village-Barnaon Ke Dhakhinwari Mathia, P.S. Ayar, DistrictBhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Sahar P.S. Case No. 89 of 2016 registered for the offence punishable under Section 395 of the Indian Penal Code.

Informant has alleged that while he was coming on his truck after loading the goods, one Scorpio Jeep upon which 8 miscreants were sitting overpowered him on the strength of gun and looted away the articles as well as truck. Truck was recovered from the possession of accused Santosh Paswan and he disclosed name of petitioner being a co-accused in said crime.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.10261 of 2019(2) dt.20-02-2019 2/3 nothing has been recovered from his possession and although informant claims that he can recognize the culprits, yet no TIP has been done. It has been further submitted that similarly placed co-accused, namely, Bablu Kumar, Santosh Kumar, Mukesh Kumar, Mahendra Kumar and Tinku Sharma have been granted bail by this Hon'ble Court as contained in Annexure-2. Petitioner is in custody since 14.12.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-X, Bhojpur at Ara, in connection with Sahar P.S. Case No. 89 of 2016 subject to the conditions that:-

(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 and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

Patna High Court Cr.Misc. No.10261 of 2019(2) dt.20-02-2019 3/3

(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.

(S. Kumar, J) veena/- U T