Sudhir Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30227 of 2021 Arising Out of PS. Case No.-255 Year-2020 Thana- BANIAPUR District- Saran ====================================================== Sudhir Kumar Giri S/O Hari Shankar Giri Resident Of Arya Nagar Giri Tola, P.S Chapra Town, District Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-08-2021 This matter is taken up for consideration through Video Conferencing.

Heard both parties.

The petitioner seeks bail in Baniyapur P.S. Case No. 255 of 2020, registered for the offence punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.

As per the prosecution case, one 9mm pistol and one live cartridge has been recovered from possession of this petitioner.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case by the police. Nothing has been recovered from conscious possession of this petitioner and he is in custody since 16.08.2020. Considering the period of custody, the petitioner

Patna High Court CR. MISC. No.30227 of 2021(2) dt.13-08-2021 2/2 above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Chapra, Saran in connection with Baniyapur P.S. Case No. 255 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T