Ajay Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23377 of 2021 Arising Out of PS. Case No.-303 Year-2020 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== 1.

AJAY KUMAR GIRI S/o. Nagendra Giri Resident of VilalgeMahammadpur Mathia, P.S.- Gautambudh Nagar, District- Siwan. 2.

Bhairo Giri @ Bhairav Giri S/o Late Jata Giri Resident of VillageMahammadpur Mathia, P.S.- Gautambudh Nagar, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Rai For the Opposite Party/s :

Mr.APP For the Informant :

Mr. Bijay Prakash ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-05-2022 This case has been taken up for priority hearing as it was filed a year ago.

Heard the learned counsel for the parties.

The petitioners seek bail in anticipation of their arrest in connection with G.B. Nagar P.S. Case No. 303/2020 instituted for the offences under Sections 147, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code. The petitioner no.1 is said to have assaulted one Harendra, who has received only simple injuries. The petitioner no. 2, on the other hand, has assaulted one Yogendra Giri, who has received grievous injuries.

Though, the learned counsel for the petitioners has

Patna High Court CR. MISC. No.23377 of 2021(2) dt.20-05-2022 2/2 submitted that the accusation is absolutely false but regard being had to the nature of injury caused by petitioner no. 2, I am not inclined to grant anticipatory bail to him The prayer for anticipatory bail of petitioner no. 2 is rejected.

However, looking at the background facts and taking into account that petitioner no. 1 is only alleged to have caused simple injuries on one of the victims and the assault is alleged to have been made by means of lathi and also taking into account his clean antecedents, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of six 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 of learned Judicial Magistrate -1st Class, Siwan in connection with G.B. Nagar P.S. Case No. 303/2020, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T