B B Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25975 of 2023 Arising Out of PS. Case No.-158 Year-2022 Thana- KAKO District- Jehanabad ====================================================== 1.

B B GIRI SON OF CHANDRIKA SINGH RESIDENT OF VILLAGE - NAVADA, P.S. - KAKO, DISTT. - JEHANABAD 2.

ATAL YADAV SON OF B.B. GIRI RESIDENT OF VILLAGE - NAVADA, P.S. - KAKO, DISTT. - JEHANABAD ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nitya Nand Neeraj, Advocate.

For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-07-2023 Heard Mr. Nitya Nand Neeraj, learned counsel appearing on behalf of the petitioners and Mr. Ajay Kumar Jha, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Kako (Bhelwar O.P.) P.S. Case No. 158 of 2022 registered for the offence punishable under Sections 341, 323, 325, 354 and 379/34 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., the petitioners along with other accused persons assaulted the informant, her husband and devar. During assault, informant sustained injury on her head and her family members also sustained injury on various parts of the body.

Patna High Court CR. MISC. No.25975 of 2023(2) dt.07-07-2023 2/2

4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and they have falsely been implicated in the case. There is case and counter case. The petitioners' side also sustained injury and it is a case in which the petitioners in their self-defence might have caused injury to the informant's side without any intention. The injury sustained by the informant's side is simple in nature.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the aforesaid facts and circumstances of the case, the petitioners, above name, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four 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 A.C.J.M.-III, Jehanabad in connection with Kako (Bhelwar O.P.) P.S. Case No. 158 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) mantreshwar/- U T