Sandeep Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31823 of 2024 Arising Out of PS. Case No.-95 Year-2019 Thana- PAHARPUR District- East Champaran ====================================================== Sandeep Giri Son of Jata Sankar Giri R/o Village-Paharpur Giri Tola, P.S.- Paharpur, District- Each Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with S. Tr. No. 1170/2023, arising out of Paharpur P.S Case No. 95 of 2019 dated 03.04.2019 registered for the offences punishable u/ss 341, 323, 307 and 34 of the Indian Penal Code and Section 27 of Arms Act. Later on section 302 of the Indian Penal Code was added.

3. As per the prosecution case, the informant was going to in-laws house on motorcycle, when the informant reached near the bridge, two persons came on the motorcycle armed with country made pistol and fired two shots which hit him in the chest and the informant fell down.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.31823 of 2024(2) dt.08-05-2024 2/2 this case. The petitioner is not named in the F.I.R. The name of the petitioner was disclosed by Spy. The petitioner has four criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 02.11.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with S. Tr. No. 1170/2023, arising out of Paharpur P.S Case No. 95 of 2019, with further condition:- (I) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T