Sandeep Giri @ Sandeep Kumar Giri And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23673 of 2016 Arising Out of PS.Case No. -70 Year- 2013 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================
1. Sandeep Giri @ Sandeep Kumar Giri
2. Deepak Giri @ Deepak Kumar Giri Both sons of Jagdish Giri Resident of village Mauna Mahima, P.S. Vaishali (Belsar O.P.), District- Vaishali .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan No.Ii For the Opposite Party/s : Mr. Yogendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-05-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,341,323,324,307,379 and 504 of the Indian Penal Code.
The prosecution case is that on 1.4.2013 own brother of the informant came and asked him to withdraw the earlier case and abused the informant. On protest being made the petitioners and other accused persons came when co accused Jagdish Giri assaulted the informant with iron rod. When the informant's family members came to rescue
Patna High Court Cr.Misc. No.23673 of 2016 (2) dt.26-05-2016 2/3 then co accused Shiv Chandra Giri assaulted the informant with Dab and other accused persons also assaulted. It is further alleged that petitioner no. 1 snatched sixty thousand rupees from the pocket of the informant. It is submitted by the learned counsel for the petitioners that specific accusation of assault is not against the petitioners. The FIR was lodged in 2013 when the petitioners filed anticipatory bail application in 2016 and co accused have been granted anticipatory bail vide Cr. Misc. No. 565 of 2014. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur in connection with Vaishali (Belsar OP) P.S. Case No.70 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C. The learned court below shall be at
Patna High Court Cr.Misc. No.23673 of 2016 (2) dt.26-05-2016 3/3 liberty to cancel the bail bonds of the petitioner in case the petitioner defaults without any reasonable cause on three consecutive occasions.
(Dinesh Kumar Singh, J) Anil/- U T