Manish Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28495 of 2017 Arising Out of PS.Case No. -7 Year- 2017 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Manish Giri, son of Chandan Giri, resident of Village- Paharpur, P.S.- Paharpur, District- East Champaran.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Ms. Rashmi Jha, Advocate For the Opposite Party/s : Smt. Anusuiya Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2017 Heard learned counsel for the petitioner.
This is an application for bail in connection with Paharpur P.S.Case No. 07 of 2017 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 353, 333, 307, 385, 224, 225, 379, 504 of the Indian Penal Code and 27 of the Arms Act, including 3/5 of Public Property Damage Act. Case is that when police arrested petitioner and another accused person, villagers came and started assaulting police party and damaging police vehicle.
It has been submitted on behalf of the petitioner that FIR shows that petitioner has been arrested and there is no allegation of causing damage to the police vehicle and assaulting them against him, rather the allegation is against other accused persons and he is in custody for about five months. Heard learned APP also.
Patna High Court Cr.Misc. No.28495 of 2017 (2) dt.17-07-2017 2/2 Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, in connection with Paharpur P.S.Case No. 7 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.
(Vinod Kumar Sinha, J) spal/- U