Sanju Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22811 of 2019 Arising Out of PS. Case No.-210 Year-2016 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

SANJU GIRI Son of Hari Giri Resident of Village - Raghunathpur, P.S.- Turkauliya, Distt - East Champaran.

2.

Sujeet Giri Son of Hari Giri Resident of Village - Raghunathpur, P.S.- Turkauliya, Distt - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Pandey For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341/323/324/387/379/504/34 IPC registered in connection with Turkauliya P.S. Case No. 210/2016.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute between the parties. It is submitted that even on the accusation in the FIR, the ingredients of the offence under Section 387 is not made out. The accusation of holding weapons did not borne out from the FIR as no offence under the Arms Act has been alleged. The petitioners are own brothers, who claim clean antecedents.

4. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Motihari in connection with Turkauliya P.S. Case No.

Patna High Court CR. MISC. No.22811 of 2019(2) dt.11-04-2019 2/2 210/2016, subject to the conditions as laid down under Section 438

(2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioners 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, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T