Krishna Kumar Giri @ Krishn Kumar Giri @ Krishan Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30535 of 2025 Arising Out of PS. Case No.-535 Year-2023 Thana- ROSERA District- Samastipur ====================================================== Krishna Kumar Giri @ Krishn Kumar Giri @ Krishan Kumar Giri son of Kapileshwar Giri @ kapil Giri Village- Rosera Mohalla Mahadev Math, Under Town Ward No.12, P.S- Rosera, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Kumar Singh, Adv For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Rosera P.S Case No. 535 of 2023 registered for the offences punishable under Sections 341, 323, 324, 354, 307, 379, 504/34 of the Indian Penal Code.

3. As per allegation in the FIR, petitioner along with other co-accused persons came at door of the informant and they started abusing and when the informant protested, thereafter, all accused persons started to assault the informant.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that one land dispute were going on between them. He

Patna High Court CR. MISC. No.30535 of 2025(2) dt.15-05-2025 2/3 further submits that there is no specific allegation of any assault or overt-act attributed against the petitioner rather there is general and omnibus allegation against all the accused persons. He further submits that petitioner was enlarged on anticipatory bail by this Hon'ble Court vide order dated 17.02.2024 passed in Cr. Misc. No. 6772 of 2024 with condition that "the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner." During trial, Court below has found that petitioner possess one criminal antecedent, therefore, bail bond of the petitioner has cancellation forthwith. It is also submitted that petitioner is in judicial custody since 07.02.2025 having one antecedent mentioned in para-3 of the bail petitioner.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order dated 28.03.2025, it appears that there is general and omnibus allegation against the petitioner and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the

Patna High Court CR. MISC. No.30535 of 2025(2) dt.15-05-2025 3/3 above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-I, Rosera in connection with Rosera P.S Case No. 535 of 2023.

(Ramesh Chand Malviya, J) Sunnykr/- U