Kamlesh Giri And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6146 of 2017 Arising Out of PS.Case No. -82 Year- 2016 Thana -BOCHHA District- MUZAFFARPUR ======================================================

1. Kamlesh Giri, son of Baiju Giri,

2. Santosh Giri, son of Jai Kishore Giri, Both at present residing at Pankha Bazar, P.S.- Kurhani, District- Muzaffarpur, permanent resident of Bhup Bhairo Khap Tola, P.S.- Dumra, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-02-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Bochaha P.S. Case No. 82 of 2016 instituted for the offence under Section(s) 392of the Indian Penal Code.

It has been submitted that petitioners are not named in the First Information Report and their names have been taken by co-accused in his confessional statement. From the written report, it appears that petitioners are not named in the First Information Report. It is alleged in the F.I.R that informant after coming from Uttarakhand got down at Muzaffarpur Railway Station. He boarded on a

Patna High Court Cr.Misc. No.6146 of 2017 (2) dt.20-02-2017 2/2 Scorpio vehicle at Zero Mile. Three persons were sitting in the vehicle from before. After some times, the driver of the vehicle and other three persons sitting in the vehicle committed robbery on the point of knife and took away cash and other articles. Learned Sessions Judge has mentioned in the order that names of these petitioners have come in the confessional statement of the co-accused as referred in para 13 of the case diary.

In the facts and circumstances of the case, the prayer of the petitioners for anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Bochaha P.S. Case No. 82 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sanjay Priya, J) Shageer/- U T