Suresh Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49800 of 2016 Arising Out of PS.Case No. -241 Year- 2015 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Suresh Giri Son of Late Buchchi Giri, Resident of Village- Belwa, P.S.- Lauriya, District- West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Bimlesh Kumar Pandey, Advocate. For the Opposite Party : Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 25.07.2016 in connection with Lauriya P.S. Case No. 241 of 2015 for the offences alleged under Sections 323, 341, 420, 467, 468, 469, 471 and 504/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with a transaction which is essentially of civil nature involving a plot of land received by the petitioner's father by way of gift deed. A number of cases have been instituted by the informant's side in relation to such land dispute only to put pressure on the petitioner rather get the rights adjudicated before the Civil Court.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.49800 of 2016 (4) dt.10-02-2017 circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 241 of 2015, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/Chandran U T