Girish Deo Dixit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23283 of 2021 Arising Out of PS. Case No.-191 Year-2020 Thana- PHULWARIYA District- Gopalganj ====================================================== GIRISH DEO DIXIT, Son of Late Sakaldeo Dixit, R/o village - Chamari patti, P.S.- Phulwaria, District - Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Lalan Kumar, Advocate For the Opposite Party :

Mrs. Madhuri Lata, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

Further, learned counsel for the petitioner is permitted to make necessary corrections in paragraph no. 1 and prayer portion of the bail application.

The petitioner is apprehending his arrest in connection with Phulwaria P.S. Case No. 191 of 2020 for the offence registered under Sections 307, 353/34 of the I.P.C.,

2/4 25(1-A), 25(1-b)a, 26, 27, 35 of the Arms Act and Sections 8(c) and 21(a) of the N.D.P.S. Act.

The prosecution story, in brief, is that the informant and other police forces on getting information went to the place of occurrence and on search the said place, two persons started escaping from behind the school there. The police tried to chase the said two persons who opened fire on the cops. In defence, the police also fired upon them. One accused succeeded in escaping from there after having thrown his pistol. One Abhimanyu Tiwari @ Mannu Tiwari was arrested and from his possession, one rifle, one pistol, one Mobile and 3.74 mg. Smack was recovered and one country made pistol also recovered from the said place. The name of the person who succeeded in escaping was disclosed as Girish Dev Dikshit (petitioner). It is also alleged that the said two persons were planning to take revenge from his old enmity, namely, Pappu Pandey.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. There was a scuffle which took place between the police party and the local

3/4 residents. The name of the petitioner has transpired in the present case on the basis of disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. Nothing incriminating article is said to have been recovered from possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

Considering the aforesaid facts and circumstances, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bonds to the satisfaction of the learned District and Sessions Judge, Gopalganj, Bihar, in connection with Phulwaria P.S. Case

4/4 No. 191/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T