Bibek Giri @ Vivek Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36838 of 2015 Arising Out of PS.Case No. -217 Year- 2014 Thana -BATHNAHA District- SITAMARHI ====================================================== Bibek Giri @ Vivek Giri son of Vishnu Giri, resident of village-Vervas, P.S.-Kesharganj, District-Sarlahi (Nepal) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar, Advocate For the Opposite Party/s : Mr. A.K.Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody since 2.8.2014, seeks bail in connection with Bathnaha P.S. Case No.217 of 2014 registered for the offences punishable under sections 25(1-B)(a), 26 and 35 of the Arms Act.

According to the prosecution case four cartridges are alleged to have been recovered from possession of the petitioner. The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 3.12.2014 passed in Cr.Misc. No.43823 of 2014 with observation that if the trial is not concluded within six months from the date of receipt/production of a copy of this order, the petitioner would be at liberty to renew his prayer for bail. It is contended that till date charges have not been

Patna High Court Cr.Misc. No.36838 of 2015 (2) dt.12-08-2015 2/2 framed.

Regard being had to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Bipin Lawaniya, Judicial Magistrate, Sitamarhi in connection with Trial No.1888 of 2015 arising out of Bathnaha P.S. Case No.217 of 2014.

(Ashwani Kumar Singh, J) Md.S./- U T