Pawan Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27632 of 2024 Arising Out of PS. Case No.-332 Year-2023 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Pawan Giri Son of Krishna Giri Resident of Village - Sultanpur, P.S. - Raghunathpur, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Advocate For the State :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt for bail of the petitioner as earlier such prayer was rejected by order dated 18.10.2023 in Cr. Misc. No. 67899 of 2023.

3. The petitioner seeks bail in connection with Gopalganj P.S. Case No. 332 of 2023 registered for the offence punishable under Section 395 of the Indian Penal Code.

4. The following order was passed on 18.10.2023 in Cr. Misc. No. 67899 of 2023 which reads as under: "Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in

Patna High Court CR. MISC. No.27632 of 2024(4) dt.06-09-2024 2/3 connection with Gopalganj P.S. Case No. 332 of 2023 registered for the offence under Sections 395 of the Indian Penal Code.

4. As per the prosecution case, the petitioner has committed docoity and looted a pick-up truck and the milk loaded on it.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case and the looted truck and milk has been recovered from other coaccused.

6. He further submits that the petitioner has one criminal case also registered under Section 379 and 414 of the Indian Penal Code and he is in custody since 12.05.2023.

7. In view of the facts and circumstances, as mentioned above and also in view of the fact that the petitioner has criminal antecedent of same nature, this Court is not inclined to grant bail to the petitioner for the present.

8. Accordingly, the prayer of bail of the petitioner is rejected herewith.

9. The Court below is directed to expedite the trial."

5. It has been submitted by learned counsel for the petitioner that the petitioner is accused in one more case and similarly situated co-accused has been granted bail by this Court. The petitioner is in custody since 12.05.2023.

6. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

7. Considering the period of custody and the bail granted to co-accused, this application is allowed.

8. Let the petitioner, above named, be released on bail

Patna High Court CR. MISC. No.27632 of 2024(4) dt.06-09-2024 3/3 on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gopalganj in connection with Gopalganj P.S. Case No. 332 of 2023.

9. The petitioner will also mark attendance in Bankata Police Station, District-Deoria (U.P.) on the first Sunday of each month. Any default in appearance at the Police Station would be result in cancellation of bail bonds of the petitioner.

10. Let a copy of this order be communicated to the Superintendent of Police, Deoria (U.P.) for its compliance through FAX or e-mail forthwith.

(Sandeep Kumar, J) P. Kumar U T