Ajay Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36399 of 2024 Arising Out of PS. Case No.-1198 Year-2023 Thana- BIHTA District- Patna ====================================================== 1.

Ajay Giri SON OF LATE DEVKINANDAN GIRI VILLAGE- JAITIPUR PS- NEORA, DIST- PATNA AT P/S- KANHAULI, PS- BIHTA, DISTPATNA 2.

ROHIT GIRI SON OF AJAY GIRI VILLAGE- JAITIPUR PS- NEORA, DIST- PATNA AT P/S- KANHAULI, PS- BIHTA, DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh, Adv.

For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP For the Informant :

Mr.Gopal Govind Mishra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2024 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. 2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 115/506/120(B) of the IPC. 3.

As per the F.I.R., three miscreants came to the shop of the informant and started to search Dr.Shambhu Giri from one Ankit Giri and on refusal to disclose, one of them fired on shutter of the shop. It is alleged that ten days before, the petitioners threatened to kill the informant.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to prior enmity. There is no specific allegation against the petitioners

Patna High Court CR. MISC. No.36399 of 2024(2) dt.03-07-2024 2/2 and their name transpired in this case only due to previous land dispute as the parties happens to be agnates. A partition suit is also going on in between the parties, which is clear from Annexure-2 to the bail petition. No one sustained any injury in the alleged occurrence. Petitioners have no criminal antecedent. 5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, since there is no allegation against the petitioners of making any firing in the shop of the informant, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bihta P.S. Case No.1198 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T