Chandra Shekhar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37348 of 2021 Arising Out of PS. Case No.-722 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== CHANDRA SHEKHAR GIRI S/o Pundev Giri Resident of Village- Paschim Kargahiya, Hajari Camp, P.S.- Kalibagh O.P., District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-12-2021 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Bettiah Muffasil P.S. Case No. 722 of 2020 registered for the offence under Sections 413 and 414 of the Indian Penal Code.

A master key being used for theft of motorcycle has been recovered from the petitioner and others. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been

Patna High Court CR. MISC. No.37348 of 2021(2) dt.07-12-2021 2/3 implicated in this case. In fact, nothing has been recovered from the conscious possession of the petitioner and merely on the basis of suspicion, this petitioner has been prosecuted in this case. Moreover, the co-accused, namely, Mukesh Ram, having more or less similar allegation, has already been granted bail by a co-ordinate Bench of this Court vide order dated 24.06.2021 passed in Cr. Misc. No. 16149 of 2021. The petitioner is rotting in judicial custody since 14.11.2020. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that paragraph-3 of the petition suggests that the petitioner is having four more cases other than the present one.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Muffasil P.S. Case No. 722 of 2020 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the

Patna High Court CR. MISC. No.37348 of 2021(2) dt.07-12-2021 3/3 Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) braj/- U T