Aashu Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41990 of 2021 Arising Out of PS. Case No.-64 Year-2021 Thana- JAMOBAZAR District- Siwan ====================================================== Aashu Kumar Giri S/O Umesh Giri Resident Of Village-Rampur Mathia, P.SJamobazar, District-Siwan. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Chandra, Adv.

For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2022 Heard the Ld. Counsel for the petitioner and Ms. Anita Kumari Singh, the learned APP appearing for the State. The petitioner seeks regular bail in connection with Jamobazar P.S. Case No. 64 of 2021, registered for the offence punishable under Sections 307, 379 and other allied sections of the Indian Penal Code.

The allegation is regarding the petitioner having assaulted the wife of the informant as also the sister-in-law of the informant by axe.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 14.5.2021. The learned counsel for the petitioner has referred to Annexure-3 series to the present petition, which are the injury reports of the said two ladies, stated to have been assaulted by the petitioner herein, to show that the injuries have been found to be simple in

Patna High Court CR. MISC. No.41990 of 2021(2) dt.04-01-2022 2/2 nature by the doctor, who had examined them. It is further submitted that the present case arises out of case and counter case on account of pre- existing dispute.

Per contra, the learned APP appearing for the State has vehemently opposed the prayer for regular bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the injuries, which are stated to have been inflicted by the petitioner upon the aforesaid two ladies, have been found to be simple in nature and the petitioner is having a clean antecedent, apart from the fact that the present case arises out of case and counter case, I deem fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM-XIII, Siwan in connection with Jamobazar P.S. Case No. 64 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T