Yashvi Giri @ Rupesh Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24524 of 2022 Arising Out of PS. Case No.-55 Year-2022 Thana- PANCHRUKHI District- Siwan ====================================================== Yashvi Giri @ Rupesh Giri Son Of Santosh Giri R/O Village- Pagurkothi, P.S.- Pachrukhi, District- Siwan, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prashant Kumar, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 03-08-2022 Heard Mr. Shashank Shekhar Dubey, learned counsel appearing on behalf of the petitioner and the learned APP for the state.

Petitioner seeks for grant of bail to the petitioner he is in custody in connection with Pachrukhi P.S. Case No. 55 of 22 registered for the offence punishable under section 399, 402, 120B of the Indian Penal code and S 25(1-b)a, 26, 27, 35 of the Arms Act.

As per the prosecution case, it is alleged that the police on a secret informatn with regard to assemble of miscreants raided the place of occurrence and apprehended two persons including the petitioner. It is also alleged that on search being made one knife has been recovered from the possession of this petitioner. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.24524 of 2022(2) dt.03-08-2022 2/2 petitioners submits that in absence of reovery of a fire arm the possession of the petitioner no offence made up under the arms. It is further submitted that there is no independent witness to the seizure list apart from other irregularities in preparation of the same. It is next submitted that this petitioner has been implicated in this case because of his past criminal antecedent however, he is in custody since 05.03.2022 though the investigation of the charge-sheet has been submitted. On the other hand, learned counsel for the state oppose the bail application and submits that the petitioner from the place of occurrence and a knife has been recovered. Having regard to the submissions made on behalf of the petitioners and considering the fact the period of custody and fact that the knife has been recovered so let the petitioner be relief on bail furnishing bail bound of Rs. 10,000/- (Twenty Thousand) with two sureties.

(Harish Kumar, J) N.K/- U