Dhiraj Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25538 of 2021 Arising Out of PS. Case No.-548 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== DHIRAJ GIRI Son of Arjun Giri Resident of 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, Adv For the Opposite Party/s :
Ms.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-12-2021 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Petitioner who is in custody since 31.10.2020 seeks regular bail in connection with Mufassil P.S. Case No. 548 of 2019 registered for offences punishable under Sections 395, 397, 307 of the Indian Penal Code and Section 27 of the Arms Act.
Prosecution story in brief is that informant is employee of C.B.I. Branch Krishna Nagar (Madhuban). Six miscreants on bike followed him and fired at him due to which he fell down and also used force to snatch his bag. Learned counsel appearing on behalf of the petitioner submits that FIR is lodged against unknown persons and petitioner's name has surfaced on the confessional statement of
2/5 co-accused while he was being interrogated in police custody. He further submits that nothing was recovered from the conscious possession of the petitioner and he was not even arrested from the place of occurrence and is in custody since 31.10.2020. He submits that petitioner undertakes that he will not temper with the evidence if he is released on bail. He further submits that petitioner is very young, aged about 20 years and if he remains in custody for any further time he will fall in company of bad element and as such taking into consideration his tender age and also that another co-accused, namely, Sikindra Sahni has been released on bail vide order dated 04.10.2021 passed in Cr. Misc. 27456 of 2021 whose name has also surfaced on the confessional statement of the co-accused before the police in police custody.
Learned A.P.P. appearing on behalf of the State submits that petitioner is involved in several other criminal cases and such involvement is not in an ordinary circumstance and cannot be lightly ignored. It has further been submitted that it is not a usual feature to find people getting involved or being charged for criminal offences in such large number. When an accused with such kind of chequered criminal history is let loose, he finds unrestricted opportunities to wield his coercive
3/5 powers and tamper with the evidence. The prospect of a fair trial naturally may get prejudicially affected and the possibility of prosecution evidence remaining intact comes under high peril. The details of the case pending against the petitioner has been brought on record by filing supplementary affidavit inter-alia as under:- P.S Case No.
Registered under Details of order granting bail.
Kotwa P.S. Case section 394 IPC Granted bail by No. 307/2019 Hon'ble High Court vide order dated 15.12.2020 passed in Cr. Misc.
No. 33623/2020 by Hon'ble Mr.
Justice Sudhir Singh.
Pipra P.S. Case No.
392 IPC Granted bail vide 360/2019 order dated 18.06.2020 passed by Chief Judicial Magistrate Motihari.
Pipra P.S. Case No. 399, 402, 413, 414, Granted bail vide
4/5 413/2019 120(B) IPC order dated 22.06.2020 passed by 14th ADJ, Motihari, East Champaran in B.P.
No. 462/2020 Turkaulia P.S. Case 392 IPC & 27 of Granted bail vide No. 810/2019 the Arms Act order dated 22.06.2020 passed by 14th ADJ, Motihari, East Champaran in B.P.
No. 651/2020.
Learned A.P.P on behalf of the State further submits that the chequered history or the criminal antecedents of accused are sufficient to indicate that the accused is a habitual offender and in case he is released on bail under the coercive influence of his criminality it will be difficult for the witnesses to depose independently without fear.
Considering the above mentioned facts and rival submission of the parties, it is directed that learned Court below on being satisfied as to whether there is any other criminal case pending against the petitioner as what has been mentioned by
5/5 the petitioner from different police station falling under his jurisdiction or as per the report submitted by the S.P. in this regard and in case the learned Chief Judicial Magistrate, Motihari, East Champaran is satisfied then the petitioner is directed to be released on bail on furnishing bond of rupees 1,50,000/- along with two sureties of the like amount each in connection with Mufassil P.S. Case No. 548 of 2019 subject to the further following conditions:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tempers 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. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel their bail bond.
(Purnendu Singh, J) Niraj/- U T