Parmeshwar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21273 of 2023 Arising Out of PS. Case No.-767 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== PARMESHWAR GIRI Son of Vishwakarma Giri @ Vishvkarma Giri R/VMuradpur P.s- Harsidhi, Dist- Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshu Dhar Sharma For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Begusarai Town P.S. Case No. 767 of 2022 dated 10.12.2022 registered for the offences punishable u/s 25(1-B)a, 26, 35 of Arms Act.

As per the prosecution case, the petitioner and the other co-accused persons were apprehended in possession with a large number of arms and ammunition which were kept in a white colour Ertiga Vehicle.

Learned counsel for the petitioner has submitted that the

Patna High Court CR. MISC. No.21273 of 2023(2) dt.22-05-2023 2/2 petitioner is innocent and has falsely been implicated in this case. Recovery was made from the back seat of the said vehicle and the petitioner is the driver and he has no knowledge of the said recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.12.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Begusarai Town P.S. Case No. 767 of 2022 with the condition.

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T