Satendra Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34908 of 2025 Arising Out of PS. Case No.-5 Year-2025 Thana- AGIAON BAZAR District- Bhojpur ====================================================== Satendra Giri S/o Late Ramchandra Giri @ Ramchandra Giri R/o Vill- Tar Mathiya, P.S.- Agiaon Bazar, Distt- Bhojpur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ravindra Kumar, Advocate For the State :
Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Agiaon Bazar P.S. Case No-05 of 2025, dated-11.01.2025, registered for the offences punishable under Sections 103(1) of the B.N.S., 2023.
3. As per the FIR, the mother and father of the informant were found killed by slating their necks by a sharp edged weapon.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. After investigation, charge-sheet has been submitted against the Petitioner and other co-accused, namely, Shrawan Giri and the only material for filing the charge-sheet is the so
2/4 called confessional statement of the co-accused, Shrawan Giri, in which he has confessed that he was hired by the Informant, and his wife and the Petitioner herein for killing the deceased couple. Except this, there is no material available which could connect the Petitioner with the alleged offence. He also submits that the confessional statement before the police has no evidentiary value at all. He also submits that he has previous enmity with the co-accused, Shrawan Giri, who has made the confession because the daughter of the Petitioner was kidnapped by the co-accused, Shrawan Giri and hence, he has falsely taken the name of the Petitioner in his confession.
5. He further submits that the petitioner has been languishing in jail since 29.01.2025.
6. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedent.
7. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.
8. However, learned APP for the State as well as learned counsel for the Informant vehemently oppose the prayer of the petitioner for bail submitting that this is a case of double murder.
3/4
9. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below in connection with Agiaon Bazar P.S. Case No-05 of 2025 on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required. (iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. (iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the
4/4 same.
(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/ Md. RashidU T