Jitendra Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36635 of 2017 Arising Out of PS.Case No. -62 Year- 2011 Thana -DUMARIA District- GAYA ======================================================

1. Jitendra Giri Son of Late Keshar Giri, R/o Village- Sidpur, P.S.- Imamganj, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2017 Heard the parties.

The petitioner seeks regular bail in connection with Dumaria P.S.Case No.62 of 2011, registered for offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner is not named in the FIR and later on his name transpired during the course of investigation of the case. Submission of the learned counsel for the petitioner is that that in para 17 of the case diary, name of the petitioner has transpired along with the other co-accused persons but the other accused persons having similar allegation have already been granted bail by this Court, vide order dated 4.8.2017 passed in Cr. Misc. No.35153 of 2017 and the petitioner is in custody for more

Patna High Court Cr.Misc. No.36635 of 2017 (3) dt.30-08-2017 2/2 than two months Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sherghati, Gaya in connection with Dumariya P.S.Case No.62 of 2011. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T