← Library
Patna High CourtCR. MISC./42572/2019allowed

Prem Kumar Giri @ Prem Giri @ Prem Kumar Parwat @ Prem Parwat @ Prem Pandit @ Ramesh Giri v. The State Of Bihar

2020-02-03Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42572 of 2019 Arising Out of PS. Case No.-163 Year-2019 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Prem Kumar Giri @ Prem Giri @ Prem Kumar Parwat @ Prem Parwat @ Prem Pandit @ Ramesh Giri, Son of Late Rajindra Giri, Resident of Chhap Mathiya, P.S.- Meerganj, Distt - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-02-2020 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Siwan Mufassil P.S. Case No. 163 of 2019 for the offence under Sections 272/273/308 of the Indian Penal Code, Sections 30(a), 41(1) of the Bihar Prohibition and Excise Act, 2018 and Section 25(1-b)a/26/35 of the Arms Act.

Learned counsel for the petitioner submits that in the instant case 36 litres of liquor was seized from the nearby bush and not from the possession of the petitioner. He further submits that the story of country made pistol appears to be concocted one, in fact country made pistol was not recovered from the possession of the petitioner. The petitioner is in custody since 16.04.2019.

Considering the fact that the petitioner has remained

Patna High Court CR. MISC. No.42572 of 2019(4) dt.03-02-2020 2/2 in custody for more than nine months, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II, Siwan in connection with Siwan Mufassil P.S. Case No. 163 of 2019.

In the event, the petitioner is found involved in similar case in future, the court below shall be at liberty to cancel his bail bonds in the instant case.

(Anil Kumar Upadhyay, J) uday/- U T