Patna High CourtCR. MISC./34648/2016bail granted

Om Prakash Giri v. The State Of Bihar

2016-08-20Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34648 of 2016 Arising Out of PS.Case No. -124 Year- 2014 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Om Prakash Giri, son of Upendra Giri, resident of village- Khartari Giri Tola, Police Station-Chiraiya, District-East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 20-08-2016 Heard Sri Anil Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 14.03.2014 in Turkauliya( Banjariya) P.S. Case No.124 of 2014 registered for the offence under Section-394 of the Indian Penal Code, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that only on the basis of confessional statement of one of the co-accused, the petitioner has been made accused. He further submits that the petitioner was never put on T.I.Parade. It was submitted by learned counsel for the petitioner that though in this case charge was framed in the month of January, 2016, till date prosecution has not produced any witness.

Patna High Court Cr.Misc. No.34648 of 2016 (2) dt.20-08-2016 2/2 Keeping in view the nature of accusation as well as the fact that the petitioner has been made accused on the basis of confessional statement of one of the co-accused, let the petitioner, namely, Om Prakash Giri be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sadar at Motihari in connection with Turkauliya (Banjariya) P.S. Case No.124 of 2014 with conditions that (i) one of the bailors must be blood relation of the petitioner and (ii) before the trial court, the petitioner shall remain physically present on each and every date. If continuously on two dates, without prior permission of the trial court the petitioner remains absent, his bail bound shall stand automatically cancelled.

(Rakesh Kumar, J) NKS/- U T