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Patna High CourtCR. MISC./33623/2020bail granted

Dheeraj Giri @ Dhiraj Giri v. The State Of Bihar

2020-12-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33623 of 2020 Arising Out of PS. Case No.-307 Year-2019 Thana- KOTWA District- East Champaran ====================================================== DHEERAJ GIRI @ DHIRAJ GIRI Son of Arjun Giri Resident of Village - Chormadih, Giri Tola, P.S.- Pakridyal, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 394 of the Indian Penal Code. Prosecution case, in short, is that four unknown miscreants on the point of knife took out Rs.10000/- from the pocket of the informant and snatched his motorcycle and fled

Patna High Court CR. MISC. No.33623 of 2020(2) dt.15-12-2020 2/2 away.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.01.2020. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. The petitioner is not named in the F.I.R. His name has come on self confession made before the police in connection with another case. There is no recovery of any incriminating article from the possession of the petitioner. The petitioner has not been put on T.I.P. to ascertain his participation in the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 Chief Judicial Magistrate, East Champaran at Motihari in connection with Kotwa P.S. case No.307 of 2019.

Narendra/- (Sudhir Singh, J) U T