Yuvraj Kumar Giri @ Chiku Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30212 of 2020 Arising Out of PS. Case No.-813 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== YUVRAJ KUMAR GIRI @ CHIKU GIRI, Son of Bablu Giri @ Rajiv Giri, Resident of Village- Areraj, P.S.-Govindganj. At Present- R/o VillageRaghunathpur Gandak Colony, P.S.-Turkauliya (Raghunathpur O.P), DistrictEast Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the State :

Mr.Arvind Kr. Pandey For the Informant : Mr.Rajesh Ranjan Kr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-12-2020 Heard the parties through virtual court proceedings. The petitioner seeks bail registered for the offence punishable under Sections 363, 365 of the Indian Penal Code and later on Sections 364A, 302, 201, 120B, 414 and 35 of the Indian Penal Code.

Allegation against the petitioner alongwith other accused persons is of kidnapping the victim and killed him. Learned counsel for the petitioner submits that the petitioner is named in the FIR, he is quite innocent and has falsely been implicated in this case due to high handedness of police. The police mere on suspicion arrested co-accused Nitesh Kumar Tiwari and his confession the petitioner was arrested by

Patna High Court CR. MISC. No.30212 of 2020(3) dt.10-12-2020 2/2 the police and also got his confessional statement in which he faced his guilt as they were committed the murder of son of the informant. The petitioner is in jail custody since 21.11.2019. The petitioner has got fair antecedent which is mentioned in para 3 of the bail petition.

Learned counsel for the informant submits that the dead body was recovered from the ditch by the JCB, the driver of the said JCB has stated that he has excavated the ditch by taking Rs. 400/- from the petitioner and co-accused. From perusal of the record and material available in the case diary, the petitioner demanded ransom from the informant. Learned APP for the State opposes the prayer for bail petition.

Considering the facts and circumstances, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Turkauliya (Raghunathpur) P.S. Case No. 813/2019 pending in the Court of learned C.J.M., Motihari, East Champaran. Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) amitkumar/- U T