Guddu Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25436 of 2020 Arising Out of PS. Case No.-160 Year-2019 Thana- RAMNAGAR District- West Champaran ====================================================== Guddu Giri, son of Late Bishwanath Giri @ Vishwanath Giri Resident of Village - Dangraul, P.S.- Matiyariya, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-01-2021 Heard learned counsel for the petitioner and learned counsel appearing on behalf of opposite party. The petitioner is in custody in connection with Ramnagar P.S. Case No. 160 of 2019 for the offences under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case as per the F.I.R is that nine F.I.R named accused persons including the petitioner and 3-4 unknown miscreants have shot fire at the husband of the informant who subsequently succumbed to the injuries.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.25436 of 2020(3) dt.05-01-2021 2/3 petitioner would submits that petitioner has been made accused in the instant case only on suspicion. There was a land dispute between the husband of the informant and co-accused Chhote Khan and Raju Khan, therefore, there is no reason for this petitioner to shot fire at the husband of the informant. He further submits that due to the political rivalry, the husband of the informant has been shot dead by unknown miscreants. Learned counsel for the petitioner further submits that other co-accused persons have been granted bail by different Co-ordinate Benches of this Court which get reflected from Annexure-3 series.

The petitioner is in custody since 21.02.2020. Considering the aforestated facts, this Court is inclined to grant bail to the petitioner on deposit of cash of Rs. 50,000/-. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 50,000/- (Rupees fifty thousands) with two sureties of the like amount each to the satisfaction of learned Additional

Patna High Court CR. MISC. No.25436 of 2020(3) dt.05-01-2021 3/3 Chief Judicial Magistrate-III, Bagaha, West Champaran in connection with Ramnagar P.S. Case No. 160 of 2019.

The deposit of cash of Rs. 50,000/- shall abide by the final outcome of the present pending criminal case.

Learned Trial Court is directed to conduct the trial of the case on day-to-day basis and conclude the same within a period of nine months. If there is any delay on the part of the petitioner in conclusion of the trial, learned Court below shall be at liberty to cancel the bail bonds of the petitioner.

(Anil Kumar Upadhyay, J) Shageer/- U T