Sandeep Giri @ Sandip Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18094 of 2025 Arising Out of PS. Case No.-949 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== Sandeep Giri @ Sandip Giri S/O Jatashankar Giri R/O Paharpur Giri Tola, P.S.- Paharpur, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-09-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Bettiah Nagar P.S. Case No. 949 of 2018 instituted for the offence under Sections 401 & 398 of the Indian Penal Code and Sections 25(1b)a, 26 & 35 of the Arms Act. 3.

Prosecution case in short is that police apprehended two co-accused and recovered loaded pistols and cartridges. On disclosure, petitioner was named by them as supplier of arms. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 01-11-2024. Petitioner bears ten (10) criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.18094 of 2025(5) dt.18-09-2025 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner, which is evident from the perusal of the FIR itself. Petitioner has no concern with the recovered arms. There is no compliance of Section 103 of the BNSS, 2023. Charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bettiah Nagar P.S. Case No. 949 of 2018, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.18094 of 2025(5) dt.18-09-2025 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) The petitioner shall not leave the territorial jurisdiction of court below without its prior permission. (Rudra Prakash Mishra, J) Raj Kishore/- U T